Dallas Bar Association
HEADNOTES
Focus Construction/Real Property Law
August 2016 Volume 41 Number 8
DBA Wins State Bar Awards
Randy Johnston: Trial Lawyer of the Year by Alex Farr
The DBA received several awards at the State Bar of Texas Annual Meeting in June, including the Star of Achievement Award for the program “And Justice for All: Pro Bono Week,” and Headnotes was recognized for two awards, including Best News Article and Best Series of General Interest Articles. (Left to right) DBA Executive Director Cathy Maher; SBOT President Alan Dubois; Alicia Hernandez, Director of DVAP & Community Services; Jessica Smith, Communications/Media Director; and DBA President Jerry Alexander.
Focus
Construction/Real Property Law
Problems Representing Multiple Clients in Real Estate Transactions by Martin L. Camp
When does an attorney accused of malpractice win? I submit never. Oh you may ultimately prevail in court. The plaintiff might not succeed in a damage action. You might win in a grievance proceeding. But at what cost in time, money, anguish and reputation? Parties frequently own and develop real estate in entities such as LLCs and Limited Partnerships. Attorneys have to be very careful not to become “Counsel to the Situation.” The risk of grievance and malpractice claims is enhanced when the attorney does not make it clear whom he does and does not represent and what he is and is not engaged to do. Malpractice claims are generally based upon the tort of negligence. Cosgrove v. Grimes, 774 S.W.2d 662,664 (Tex. 1989). To succeed the plaintiff must show (i) duty; (ii) a breach of the duty; (iii) the breach proximately caused the injury; and (iv) damages. Id at 665. Privity is generally a requirement to show duty (attorney/client relationship). Barcelo v. Elliott, 923 S.W.2d 575,577 (Tex. 1996). When the attorney only represents one party in the transaction and all parties understand whom the attorney is representing, the likelihood of a malpractice claim is minimized. Non-clients can prevail despite the lack of privity if they can prove that the lawyer should have reasonably expected that the non-client would believe
the lawyer was representing him and the lawyer failed to advise of the non-representation. Burnap v. Linnartz, 914 S.W.2d 142, 148-49 (Tex. App.-San Antonio 1995, writ denied). Let’s look at a fact pattern that could lead to potential malpractice claims or liability if not handled property. John and Jack, as investors, and Bob, a real estate developer, visit attorney Peter. Peter has represented Jack in the past in the sale of some family land. Peter also represents Bob from time to time in his development business. The parties want Peter to draft a limited partnership agreement in which Bob will be the General Partner and John and Jack will be the limited partners. After the partnership is formed, they want Peter to represent the partnership in the purchase of an old hotel they plan to renovate. John and Jack will be asked to personally guarantee the renovation loan. Whom does or can or should Peter represent in this transaction? This depends upon the actions Peter takes to be certain he is not counsel to the situation. Failing to adequately address this conundrum and simply drafting the partnership agreement opens him up to claims in the future should the parties end up in disputes with each other or third parties. In the absence of a clearly defined role in this transaction, Peter runs the risk that all the parties will assume he is their lawyer and is representing
continued on page 18
Inside 6 Karen McCloud and David Kent Named Co-Chairs of Campaign 9 The New Transfer on Death Deeds in Texas 1 Adaptive Reuse: Recycling Buildings 1 7 Title Insurance 101 1
“The greatest challenge any trial lawyer faces, and for many the greatest source of internal strife, is the day you come to realize that, as a hired gun, when you “fire” someone is likely to get hurt—a successful trial lawyer is one who never fails to lose sight of that fact and who can take measured actions while still zealously representing his client.” Throughout his more than 40 years of practice, Randy Johnston, the 2016 Dallas Bar Association’s Trial Lawyer of the Year, has embraced a moral code and an approach to life both inside and outside of the courtroom that he developed as a young boy in his hometown of Pampa in the Texas Panhandle where he frequented the local cinema to watch the likes of Roy Randy Johnston Rodgers, Gene Autry and others stand up for the defenseless in the latest Westerns. “When I decided to become a lawyer, I wanted to make sure to always be one of the good guys, seeking justice and equity for my clients,” said Johnston. Johnston attended Brigham Young University on a track scholarship where he was an English major. Although he was drawn to the creativity of being a writer, and even considered a potential career in education administration, he recognized that many of the same skills could be utilized in a legal career. Johnston began attending law school at the University of Texas School of Law in 1971. “When I got to Austin, I thought I had died and gone to heaven—it is a wonderful city.” During the first five years of Johnston’s career he practiced labor and employment discrimination law at Baker Botts, but in 1979, returning to his primary passion discovered during his first year of law school, he decided to transition to a trial practice and joined the firm of Hewitt, Johnson, Swanson & Barbee in Dallas where he truly began to make his mark.
“He was the embodiment of cool, with his iconic pony tail, independence, and anti-establishment approach to practice—every young lawyer wanted to be him or work with him, and clients flocked to him because of his devotion to putting their interests first,” said longtime friend and colleague, Tom Melsheimer. “He was one of the first lawyers in town who took to suing other lawyers and did not care about what other people thought of him as long as he was pursuing justice for his clients— while that usually does not earn you many friends in the legal community, Randy did it with such grace and integrity that he ended up making even more friends!” “Randy Johnston is as fine a trial lawyer as I have seen, in practice or from the bench,” said the Honorable Marty Lowy (Fmr.). “His loyalty to his friends is fierce and unconditional. If I had to stand trial for my life, I would want Randy to be my lawyer. If I had to walk down a dark alley in the worst part of town, I know Randy would have my back.” Johnston credits Mike McKool, with whom he practiced during his time at Hewitt, Johnson, with reigning him in and teaching him to be more detail oriented, a skill Johnston admits he did not possess naturally. Johnston was also influenced by colleague Mark Davenport, a lawyer whom he shared office space with for a period of his career and who Johnston described as “the kind of guy that would take you out for a drink after defeating you in a lawsuit.” When he needs to bounce an idea of someone, Johnston periodically calls on fellow practitioners Rod Phelan and Frank Branson, as well as the Honorable Craig Smith of the 192nd Judicial District Court, who describes Johnston as not only a great trial lawyer, but also “A poet, musician,
continued on page 10
33rd Annual Philbin Awards Luncheon Tickets Now Available! KEYNOTE SPEAKER Jackson Walker
Friday, September 23 | Noon | Belo For tickets, log on to www.dallasbar.org
2 He a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2016
Calendar August Events AUGUST 5-BELO Noon
FRIDAY CLINICS
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs. (Ethics 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to kzack@dallasbar.org. Co-sponsored by the CLE & Peer Assistance Committees.
“Uber Law: Navigating the Latest Legal Issues Involving My Private Driver,” Dave Wishnew. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
AUGUST 12-NORTH DALLAS** Noon
“Where there is Help there is Hope: Understanding TLAP and Their Available Resources,” Trey Dowdy. (Ethics 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to kzack@dallasbar.org. Co-sponsored by the CLE & Peer Assistance Committees.
AUGUST 19-BELO Noon
“PUC, UCC, CPE, M&A, AAPL, D/T and Their Impact on Cloud Computing’s Civil Liability for Clients and Ethics for Lawyers,” Joseph Jacobson. (Ethics 1.00)* RSVP to kzack@dallasbar.org.
MONDAY, AUGUST 1 Noon Tax Law Section “Revisions to the Procedural Rules for Redetermination Hearings Contesting Texas Comptroller Determinations,” Hon. Peter Brooks. (MCLE 1.00)*
“Uber Law: Navigating the Latest Legal Issues Involving My Private Driver,” Dave Wishnew. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
2nd Annual L.A. Bedford Awards Luncheon. Tickets: $35/Tables: $350. For more information, contact Tatiana.waits@citi.com or ebony@rivonlawfirm.com.
TUESDAY, AUGUST 2
MONDAY, AUGUST 8
Noon Corporate Counsel Section “Ethics issues for Chief Compliance Officers and General Counsel,” Stanton P. Eigenbrodt. (Ethics 1.00)*
Noon
Tort & Insurance Practice Section “Stowers Update—Drafting Considerations, The Restatement of Insurance and Settlement Approaches in Other States,” Mike Huddleston. (MCLE 1.00)*
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, AUGUST 3 Noon
Employee Benefits & Executive Compensation Section “Ethical Issues for ERISA Lawyers,” Karen K. Suhre. (Ethics 1.00)*
Solo & Small Firm Section Topic Not Yet Available
Juvenile Justice Committee
Public Forum Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available
THURSDAY, AUGUST 4 Noon
Construction law Section “2016 Case Law Update,” R. Carson Fisk. (MCLE 1.00)*
Peer Assistance Committee
TUESDAY, AUGUST 9 Noon
Business Litigation Section “Navigating Discovery in Commercial Cases,” Robert K. Wise. (MCLE 1.00)* DAYL Business & Career Development Committee
MONDAY, AUGUST 15 Noon
Labor & Employment Law Section “Fast-Tracking Justice: New Federal Rules on Sexual Orientation and Gender Identity,” Rob Wiley and Rachel Ziolkowski Ullrich. (MCLE 1.00)*
TUESDAY, AUGUST 16
DAYL Assisting Lawyers in Transition Committee
DAYL Lunch & Learn CLE
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
THURSDAY, AUGUST 11 CLE Committee Publications Committee
Judiciary Committee “Come on in, the Water’s Fine: Bankruptcy Judges Talk to non-Specialists About the Bankruptcy Court,” Buzz Rochelle, moderator. (MCLE 1.00)*
Christian Lawyers Fellowship
Lawyer Referral Service Committee
FRIDAY, AUGUST 12
6:00 p.m. J.L. Turner Legal Association
Noon
TUESDAY, AUGUST 23 Noon
American Immigration Lawyers Association
DAYL Lawyers Promoting Diversity Committee
WEDNESDAY, AUGUST 24 Noon
Sports & Entertainment/Franchise & Distribution Law Sections “Are You Ready for Some Football? How to License an NFL Player’s Likeness,” George Hegamin. (MCLE 1.00)*
DAYL Foundation Board
DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
DVAP Pro Bono CLE “Expunctions and Non-Disclosures,” Douglas R. Gladden. (MCLE 1.00)*
THURSDAY, AUGUST 25
DAYL Elder Law Committee
Noon
Criminal Law Section “The AIM Diversion Program in Dallas County,” Hon. Brandon Birmingham. (MCLE 1.00)*
WEDNESDAY, AUGUST 17
Environmental Law Section Topic Not Yet Available
Noon
Health Law Section Topic Not Yet Available
DAYL CLE Committee
Pro Bono Activities Committee
FRIDAY, AUGUST 26
6:00 p.m. Dallas Hispanic Bar Association
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
8:00 a.m. Energy Law Section Seminar 31st Annual Review of Oil & Gas Law. Twoday event. For more information, or to register, log on to www.reviewofoilandgaslaw.com.
Bench Bar Conference Committee
Computer Law Section “20 New Trends and Developments in Computer and Internet Law,” Darin Klemchuk. (MCLE 1.00)*
Noon
11:30 a.m. House Committee Walk Through Noon
Noon
DAYL Freedom Run Committee
THURSDAY, AUGUST 18
Friday Clinic—Belo
Trial Skills Section “Admissibility of Character Evidence in Civil Cases,” Quentin Brogdon. (MCLE 1.00)*
WEDNESDAY, AUGUST 10
Noon
FRIDAY, AUGUST 5 Noon
Alternative Dispute Resolution Section “Mediating Childhood Sexual Abuse Claims: Lessons Learned from a Difficult Docket,” Todd Allen. (MCLE 1.00)*
MONDAY, AUGUST 22
Noon
Christian Legal Society
DAYL Animal Welfare Committee
DAYL Diversity Program
Dallas LGBT Bar Association
Noon
2:00 p.m. Collaborative Law Workshop “Unleash Your Creative Powers for Negotiation: An Interactive Workshop on New Ways to Tap the Imagination,” Prof. James Hart. Location TBD. (MCLE 3.00)*
MONDAY, AUGUST 29 Noon
Securities Section “Navigating the New Section 4(a)(7) Private Resale Exemption—Compliance, Utilization, and Market Implications,” Taylor Anthony. (MCLE 1.00)*
DAYL Solo & Small Firm Committee
3:30 p.m. DBA Board of Directors
FRIDAY, AUGUST 19 8:00 a.m. Energy Law Section Seminar 31st Annual Review of Oil & Gas Law. Twoday event. For more information, or to register, log on to www.reviewofoilandgaslaw.com. Noon
Friday Clinic—North Dallas** “Where there is Help there is Hope: Understanding TLAP and Their Available Resources,” Trey Dowdy.
Friday Clinic—Belo “PUC, UCC, CPE, M&A, AAPL, D/T and Their Impact on Cloud Computing’s Civil Liability for Clients and Ethics for Lawyers,” Joseph Jacobson. (Ethics 1.00)* RSVP to kzack@ dallasbar.org.
Intellectual Property Law Section “Recent Developments in Trade Secret Law,” Joseph F. Cleveland, Jr. and Herbert J. Hammond. (MCLE 1.00)*
TUESDAY, AUGUST 30 Noon
No DBA Events Scheduled
WEDNESDAY, AUGUST 31 Noon
DAYL Equal Access to Justice Committee
Municipal Justice Bar Association
DAY OF CIVILITY & PROFESSIONALISM A Special Program Promoting Civility Friday, September 9, 2016 at Belo The DBA, SBOT Professionalism Committee, Inns of Court, and ABOTA will jointly present a free half-day seminar on September 9, Noon-4:00 p.m. Ethics 4.00 Speakers include: DBA President Jerry Alexander Frank Branson Nina Cortell Rod Phelan Lewis Sifford State Court Judges Panel, led by Hon. Jim Jordan Federal Judges Panel discussing Dondi, led by Hon. Barbara M.G. Lynn
A special letter signed by Dallas federal and state judges supporting the Day of Civility & Professionalism will soon follow.
Civility is the hallmark of a professional
Augu st 2 0 1 6 â€
D al l as Bar A ssoci ati on l Headnotes 3
4 He a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2016
Headnotes
President's Column
Published by: DALLAS BAR ASSOCIATION
Unity By Jerry Alexander
The Dallas Bar Association, J.L. Turner Legal Association, Dallas Asian American Bar Association, Dallas Hispanic Bar Association, Dallas Association of Young Lawyers, Dallas LGBT Bar Association, and Dallas Women Lawyers Association recently prepared and sent a Joint Resolution to Orlando, Florida regarding the tragic events that recently occurred there. What appears below is another Joint Resolution of these seven associations about the recent tragedies involving the law enforcement officers in our own City. As practicing attorneys and judges, we are part of the same legal system as these brave law enforcement officers and in a very real way they are our kin. Here is what the Resolution says:
Joint Resolution of the
DALLAS BAR ASSOCIATION, J.L. TURNER LEGAL ASSOCIATION, DALLAS ASIAN AMERICAN BAR ASSOCIATION, DALLAS HISPANIC BAR ASSOCIATION, DALLAS ASSOCIATION OF YOUNG LAWYERS, DALLAS LGBT BAR ASSOCIATION, DALLAS WOMEN LAWYERS ASSOCIATION Whereas, the Dallas Bar Association, J.L. Turner Legal Association, Dallas Asian American Bar Association, Dallas Hispanic Bar Association, Dallas Association of Young Lawyers, Dallas LGBT Bar Association and Dallas Women Lawyers Association (the “Associations”), as organizations representing more than 11,000 attorneys send our condolences and thoughts and prayers for the families of all those impacted by the tragedies last week; the losses are felt by many generations, including parents, spouses and children; please know that you are not alone in your grief and that we hope you find comfort in that knowledge; Whereas, we are witnesses to a heartbreaking time in our city and our country; we lost four officers from the Dallas Police Department and one from Dallas Area Rapid Transit, and others were wounded while serving a peaceful protest in one of history’s worst attacks on police; all of this comes as the nation struggles with the deaths of African-Americans during interaction with law enforcement; Whereas, the Associations acknowledge that all persons, regardless of race, ethnicity, gender, sexual orientation, national origin and/or profession are deserving of the equal rights and protections of the laws of the State of Texas and the United States of America; Whereas, the men and women of law enforcement are the front line of protecting the rule of law in our country; they protect all of us, including the attorneys and judges who are members of these Associations and who are also part of the system that fosters the rule of law; the freedoms that all of us have, including the freedom that members of these Associations enjoy to practice law and be judges in our community, are often taken for granted; they are protected first by local
police; Dallas Police Department Chief David Brown said, “We don’t feel a lot of support most days… Let’s not let today be most days”; Whereas, we should all commit to promoting the equal application of the law and supporting our brave law enforcement officers every day; Whereas, the Associations acknowledge that some citizens in this country, and in particular African-Americans, live in fear of interactions with police; these fears are justified; we must all take time to understand these fears; we should talk to each other; we should listen to each other; we should teach our children to do the same, and we should all act together to further all of these goals; Whereas, the Associations acknowledge that more work must be done; the men and women of the Dallas Police Department, under the leadership of Chief David Brown, have been recognized by President Obama and other national leaders as being a leading police department in the nation in community policing efforts and modifications to rules of engagement; Dallas Police Department has reduced the number of police involved shootings each year since 2014; the Dallas Police Department has acted and continues to strive to improve each day, as do the officers of Dallas Area Rapid Transit. Now, therefore, be it resolved, that: (1) together we must commit to doing the same; we commit to use our training to open our minds to be more understanding of others and to use our training and words to bring others together to open their minds; (2) we should all try to bring our City closer together, because it is truly one of the great cities of the world, and recent events can make us stronger; (3) we will all work together to achieve greatness for our city. Be it further resolved, that this action be recorded in the permanent records and minutes of these Associations and that an original of this Resolution be forwarded to the Dallas Police Department and the Dallas Area Rapid Transit as an expression of the esteem in which these victims and their families are held by these Associations. Adopted by the Dallas Bar Association Board of Directors, the J.L. Turner Legal Association Board of Directors, the Dallas Asian American Bar Association Board of Directors, the Dallas Hispanic Bar Association Board of Directors, the Dallas Association of Young Lawyers Board of Directors, the Dallas LGBT Bar Association Board of Directors, and the Dallas Women Lawyers Association Board of Directors on this the 15th day of July, 2016. We should all resolve to support our brave law enforcement officers every day. We should all resolve to use our training to open our minds to be more understanding of others and to bring people together. We should resolve to help bring our City together and help it achieve the greatness it deserves. We all extend our deepest condolences to the families that have been touched by these tragedies and our sincerest hopes for the brightest of futures for all of us going forward together. Jerry C. Alexander, 107th President Dallas Bar Association
ASSIST THE OFFICER FOUNDATION Since 2001, the DBA and DAYL, through the Freedom Run, have consistently supported the Assist the Officer Foundation. We hope that you will support them again after the tragedy in Dallas. The Assist the Officer Foundation, 1412 Griffin St. East, Dallas, Texas 75215; at atodallas.org/support; or by phone, 214-747-6839. Make checks payable to Assist the Officer Foundation or ATO.
HN
2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873
The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community.
OFFICERS President: Jerry C. Alexander President-Elect: Rob D. Crain First Vice President: Michael K. Hurst Second Vice President: Laura Benitez Geisler Secretary-Treasurer: Sakina Rasheed Foster Immediate Past President: Bradley C. Weber Directors: A. Shonn Brown, Hon. Rob Cañas, Jonathan Childers, Dawn Estes, Rocio Cristina Garcia (President, Dallas Hispanic Bar Association), Stephanie Gause (President, Dallas Association of Young Lawyers), Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Karen McCloud, Kate Morris, Cheryl Camin Murray, Emmanuel Obi (President, J.L. Turner Legal Association), Monika Sanford (President, Dallas Asian American Bar Association), Diane M. Sumoski, Robert L. Tobey (Chair), Aaron Tobin (Vice Chair) and Victor D. Vital Advisory Directors: Christopher Kang (President-Elect, Dallas Asian American Bar Association), Angelina LaPenotiere (President-Elect, Dallas Hispanic Bar Association), Tramaine Scott (President-Elect, J.L. Turner Legal Association), and Paul Simon (President-Elect, Dallas Association of Young Lawyers) Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Leon Carter, John Jansonius, Gregory Sampson and Brad Weber HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Meghan Hausler and Keith Pillers Vice-Chairs: Alexander Farr and Carl Roberts Members: Timothy Ackermann, Logan Adock, Jerry C. Alexander, Wes Alost, Jason Bloom, Andrew Botts, Charles Coleman, Shannon Conway, Jess Davis, James Deets, Leiza Dolghih, Dawn Fowler, Susan Halpern, Jeremy Hawpe, Mary Louise Hopson, Lindsay Hedrick, Brad Jackson, Andrew Jones, Kristi Kautz, Amanda Kelley, Michelle Koledi, Kevin Koron-ka, Susan Kravick, Lawrence Maxwell, R. Sean McDonald, Tyler Mendez, Terah Moxley, Jessica Nathan, Eugene Ol-shevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Kathy Roux, Jared Slade, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Ashely Swenson, Michael Tristan, Pryce Tucker, Peter Vogel, Suzanne Westerheim, Yuki Whitmire DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Corpal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2016. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publica-tion. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not nec-essarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
Augu st 2 0 1 6 â€
D al l as Bar A ssoci ati on l Headnotes 5
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6 He a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2016
David Kent and Karen McCloud Named Co-Chairs of Campaign David McAtee Named Honorary Chair by Jessica D. Smith
Karen D. McCloud and David Kent have been named Co-Chairs of the 2016-2017 Equal Access to Justice Campaign benefiting the Dallas Volunteer Attorney Program (DVAP), and David McAtee, of AT&T Inc., has been named Honorary Chair “Karen and David will make a great team to lead this year’s Equal Access to Justice Campaign. And, we are really excited to have David McAtee as our Honorary Chair, as AT&T has long been a strong advocate and major donor to the Campaign,” said DBA President Jerry Alexander. “These three leaders are all dedicated to the mission of providing legal aid to those less fortunate in our community. I am looking forward to working with them on this Campaign,” said DBA President Jerry Alexander. Mr. McAtee is Senior Executive Vice President and General Counsel of AT&T. He was appointed to the position in October 2015. Prior to joining AT&T, he was a partner at Haynes and Boone, LLP. Prior to his work at Haynes and Boone, LLP, Mr. McAtee was a Senior Law Clerk to U.S. District Judge Jerry Buchmeyer. A graduate of the University of Texas School of Law, Mr. McAttee is a former President of the Texas Young Lawyers Association, Executive Committee Member of the State Bar of Texas, Chair of the Board of Editors of the Texas Bar Journal, and Chair of the Fellows of the Texas Bar Foundation.
David McAtee
Karen McCloud
He has twice received the State Bar of Texas Presidential Citation and the Leadership Award from TexasBarCLE for his contributions in support of continuing legal education. Ms. McCloud, of Karen D. McCloud, P.C., represents employees in employment law matters. A graduate of Georgetown University Law Center, she is a long-time supporter of the Campaign for Equal Access to Justice. She has been active in the Dallas Bar for many years and currently serves on the Board of Directors, as well as Chair of the Judicial Investiture and Lawyer Referral Service Committees, and as Board Advisor to the Family Law Section and Bar None Committee. In addition, she is a Life Fellow of the Dallas Bar Foundation and a Founding Fellow of the DAYL Foundation. Her legal and community service spans many associations and programs. In recent years she has served on the J.L. Turner Legal Association Board of Directors, including serving as its President in 2010, DAYL Board of Directors, including serving as its President in 2008, Dallas Women Lawyers Association Board of Directors, including serving as its President in 2004,
David Kent
participating in the DAYL Leadership Class as a Class Facilitator, as a Barrister in the Patrick E. Higginbotham Inn of Court, on the Board of Directors of the Texas Young Lawyers Association and on the Board of Directors for Our Friends Place. In addition, she is also an active participant in the Dallas Volunteer Attorney Program. Ms. McCloud has been recognized by her peers and received the DBA JoAnna Moreland Outstanding Committee Chair Award and the DAYL Outstanding Board of Director Award. “With more than 25 percent of Dallas County residents qualifying for pro bono legal services, and only 20 percent of civil legal needs met, the need to donate for legal aid to the poor is greater today than it has ever been,” said Ms. McCloud. “It is imperative for our legal community to make certain that legal services are provided to all who need them—the Equal Access to Justice Campaign helps make that happen.” Mr. Kent, counsel at Sedgwick LLP, is a leader in the Dallas legal community and a long-time member of Dallas Bar Association. He currently serves as a Co-Vice Chair of the Judiciary
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Jessica D. Smith is the Communications/Media Director of the Dallas Bar Association. She can be reached at jsmith@dallasbar.org.
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ommittee, Co-Chair of the Golf ComC mittee, Vice Chair of the Trial Skills Section and as a Trustee of the Dallas Bar Foundation. He has previously served on the DBA Board of Directors, Chair of the Business Litigation and Tort & Insurance Practice Sections, Chair of the DAYL Fellows and Trustee of the DAYL Foundation, as well as having chaired numerous DBA Committees including, Admissions & Membership, Legal Ethics, Public Forum, Bench Bar Conference, Law Day, Speakers, and Texas High School Mock Trial. In addition to his service with the DBA, he is a Life Fellow of the Texas Bar Foundation, the Dallas Bar Foundation, and the DAYL Foundation. He served six years on the State Bar of Texas District 6 Grievance Committee, including three years as an Evidentiary Panel Chair, and is a past President of Law Focused Education, Inc. A graduate of Baylor University School of Law, Mr. Kent has also served his community by devoting time to groups such as High Adventure Treks for Dads & Daughters, the Boy Scouts of America, Hugh O’Brian Youth Leadership of North Texas, the United Way, and his church. “The Dallas legal community is strong and has a great record and tradition of supporting pro bono. However, there is more work to do,” said Mr. Kent. “Nearly 80 percent of those that qualify for legal aid in Dallas County go without assistance—we can and must do better!” The Campaign will culminate at the Inaugural of 2017 DBA President Rob HN Crain on January 14, 2017.
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D al l as Bar A ssoci ati on l Headnotes 7
8 He a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2016
Day of Civility & Professionalism Sponsored by Judiciary, Legal Organizations by Wes Alost
On September 9, 2016, a significant event will take place in Dallas. Civility and Professionalism will be recognized in a collaborative effort by the Dallas Bar Association, the Dallas Chapter of American Board of Trial Advocates, the local American Inns of Court, and the Dallas federal and state judges. On September 9, Dallas attorneys are encouraged to reaffirm the Texas Lawyers’ Creed and rededicate themselves to the highest principles of civility in their practice. The day will be recognized and celebrated in every Dallas federal and state court. In addition, the DBA, the Dallas Chapter of ABOTA, and the local Inns of Court will jointly present a free halfday seminar at the Belo Mansion, 2101 Ross Avenue, from noon until 4:00 pm. Speakers will include a panel of Federal Judges including Chief Judge Barbara M.G. Lynn, a State Judges panel including the Hon. Jim Jordan, DBA President Jerry Alexander, Lewis Sifford, and former DBA Trial Lawyers of the Year Rod Phelan, Nina Cortell, and Frank Branson, among several others. Four hours of ethics credit are being sought. “Civility” is a term of art to judges, lawyers, and law students, but to our clients and the public it is nothing more than professional courtesy, respectful demeanor, or simply good manners. Former U.S. Supreme Court Justice Sandra Day O’Connor observed that “[m]ore civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.” Civility
is a habit of practice and, like all good habits, must be exercised deliberately. The Day of Civility and Professionalism is an opportunity for each of us to rededicate ourselves to the highest standards of civility and professionalism. In this era of polarized political and social discourse, where intemperate words and acts have such profound effect, our justice system must continue to model effective conflict resolution. The deliberate practice of civility is one of the simplest, yet most effective, things we can do as professionals to fulfill that vital role in our community. The Day of Civility and Professionalism continues a distinguished tradition of emphasis on professionalism and civility in the Dallas legal community. In 1987, the Dallas Bar Association’s Board of Directors adopted both a Lawyers’ Creed and Guidelines of Professional Courtesy, which memorialized principles of professional conduct “which we, our clients, and the public may rightfully expect.” The following year, the U.S. District Court for the Northern District of Texas adopted standards of practice in civil actions based upon the DBA’s Lawyers’ Creed and Guidelines of Professional Courtesy in the landmark en banc opinion, Dondi Properties Corp. v. Commerce Sav. and Loan Ass’n., 121 F.R.D. 284 (N.D. Tex. 1988). In the 28 years since, these principles have been echoed by civility codes such as ABOTA’s Code of Professionalism and Principles of Civility, Integrity, and Professionalism, along with numerous other courts and bar associations. Michael K. Hurst, 2016 Chair of the DBA’s Morris Harrell Profession-
alism Committee and a Partner with Lynn Pinker Cox & Hurst, captured the spirit of the Day of Civility: “As lawyers, we have chosen one of the most honorable, exciting and rewarding professions that has ever existed. The nobility of our job is not only in the battle for justice and for our clients’ causes, but in how we conduct ourselves in adversarial settings. By following the tenets of The Texas Lawyer’s Creed and Dondi, the practice of law is enjoyable and viewed by the public with the respect it commands. The DBA Professionalism Committee is proud to implement the ‘Day of Civility’ initiative and expects it to be a rung on the ladder that leads to universal professionalism in the legal community.” D. Patrick Long, current President of the Dallas Chapter of the American Board of Trial Advocates and Partner with Squire Patton Boggs, added: “The Dallas Chapter of the American Board of Trial Lawyers is extremely proud to be teaming with the Dallas Bar Association and the Inns of Court in sponsoring the inaugural Day of Civility. The great presentations scheduled for the Day of Civility will illuminate the point that civility is the usual hallmark of the best and most successful lawyers. This is an event that every lawyer, young or old, should make an effort to attend.” Justice Elizabeth A. Lang-Miers, current President of The William Mac Taylor American Inn of Court and a Justice on the Court of Appeals for the Fifth District of Texas at Dallas, provided a judicial perspective: “The Mac Taylor Inn of Court enthusiastically supports the Day of Civility and Professionalism…. Civil and profes-
sional conduct is not only the right way for lawyers to conduct themselves, but is also the hallmark of a successful legal career. We look forward to joining our colleagues for a great program and hope to see you there.” Similarly, Kim Askew, current President of The Patrick E. Higginbotham American Inn of Court and Partner with K&L Gates, added: “The Patrick E. Higginbotham Inn of Court is pleased to join our sister Inns and ABOTA in supporting the Day of Civility and Professionalism. Civility and professionalism are bedrock principles among lawyers, but incivility and unprofessionalism continue to be issues in the profession. The presentations being planned for the Day of Civility will provide an excellent forum for lawyers to be reminded of how civility and professionalism can be embraced so that they are the professional standard of every lawyer. Lawyers and judges who practice the highest standards of civility and professionalism will give guidance on how to maintain these principles in the tough and sometimes ethically challenging situations that we often face in the practice.” The DBA, the Dallas Chapter of ABOTA, the local Inns of Court, and the Dallas federal and state judges enthusiastically welcome your participation in the Day of Professionalism and Civility on September 9, 2016. As U.S. Supreme Court Justice Anthony Kennedy said, “Civility is the mark of an accomplished and superb professional, but it is even more than this. It HN is an end in itself.” Wes Alost is a partner at Jones Carr McGoldrick L.L.P. and can be reached at wes.alost@jcmfirm.com.
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Augu st 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 9
Construction/Real Property Law
The New Transfer on Death Deeds in Texas by Julie Pettit
Last year in Texas, the 84th Legislature authorized a new way for Texans to transfer property called the Transfer on Death (TOD) Deed. Statutory authority for this deed can be found in the Texas Estates Code Section 114.151. It is a new and useful way to transfer property without the complication and expense of probate. For many Texans with modest estates, this is welcome news. The homestead is often the only significant asset in families, and the TOD Deed allows families to bypass probate because the home transfers automatically upon death instead of becoming part of the deceased’s estate. What does a TOD Deed do? A TOD Deed allows a deed to be recorded during the grantor’s life yet only take effect upon the grantor’s death. In essence, it provides for an automatic transfer of the property that can be arranged in advance with little cost. To be effective, it must be signed, notarized, and recorded prior to the grantor’s death in the county where the property is located. Although a TOD Deed is recorded while the grantor is still living, the property remains solely within the ownership of the grantor during the grantor’s life. A TOD Deed does not prevent a grantor from obtaining a mortgage or even selling the property. If the grantor obtains a mortgage on the property after signing the TOD Deed, then upon the grantor’s death, the beneficiary will take the property subject to any encumbrances. If the property is sold
prior to the grantor’s death, the TOD Deed is extinguished since the grantor will not have owned the property at his or her death. Why is a TOD Deed so useful? In addition to bypassing probate for the property, a TOD Deed allows the grantor to list multiple or alternative beneficiaries. If the first beneficiary predeceases the grantor, the property can pass to the alternative beneficiary. Or, the deed can name several beneficiaries, all of which will receive an equal percentage of ownership in the property as tenants in common upon the grantor’s death. The statute does not allow any arrangement except for equal ownership – meaning, for example, that a grantor cannot specify that one person receives 50 percent ownership of the property and two others each receive 25 percent ownership. Does a TOD Deed trump a will? The statute authorizing TOD Deeds provides some clarifications on the interaction between wills and TOD Deeds. According to the statute, a will may not revoke or supersede such a deed. This means if a will provides for disposition of the same property as a properly executed and recorded TOD Deed, it is the beneficiary under the TOD Deed that will receive the property and not the beneficiary under the will, no matter in which order the deed and will were executed. How is a TOD Deed revoked? A TOD Deed can be revoked in several ways—although as discussed above, it cannot be revoked by the grantor’s
e xecution of a conflicting will. Instead, the easiest way to revoke a TOD Deed is for the grantor to sign a separate document expressly revoking the deed and then record the revocation document. Alternatively, the grantor may properly execute and record a new TOD Deed that revokes the prior one and specifies a new beneficiary or beneficiaries. A TOD Deed can also be revoked by operation of law without an express revocation by the grantor. If a grantor designates their spouse as the beneficiary on such a deed and later the grantor and the beneficiary divorce, the final divorce decree dissolving the marriage will, if recorded in the same property records and prior to the grantor’s death,
automatically revoke the TOD Deed to the former spouse. Miscellaneous notes on the TOD Deed. TOD Deeds cannot be executed through a power of attorney. Under current law, the property passes to the beneficiary without becoming part of the deceased grantor’s estate, which means the property is not subject to recovery actions by Medicaid (or disposition under a will). However, in some situations there may be a way for creditors of the deceased grantor to force liability against the property. For more information on this, see the applicable portion of the Texas Estates Code. HN Julie Pettit is a partner at The Pettit Law Firm. She can be reached at jpettit@pettitfirm.com.
The 2016 DBA Membership Directory is now available in print & online. Check out the directory and legal resource guide used by Dallas attorneys! To view the Online Directory and Legal Resource & Expert Witness Guide, go to www.dallasbar.org/pictorial and login. To request a copy of the new directory, contact pictorial@dallasbar.org.
Kleiman Lawrence Fitzgerald LLP Attorneys and Counselors
8350 North Central Expressway, Suite 650, Dallas TX 75206 214-265-7400 phone / 214-265-7411 fax www.klbf.com
Representing commercial and residential builders, owners, homeowners, contractors, subcontractors, sureties and suppliers in construction transactions and disputes, including mediation, arbitration and litigation. David Kleiman and Laird Lawrence, the firm’s construction/surety lawyers, both: • Are past chairs of the Dallas Bar Construction Law Section • Currently serve as neutrals on the American Arbitration Association’s construction roster • Have been recognized for many years as “Texas Super Lawyers” • Are A/V rated by Martindale-Hubbell
From drafting contracts to responding to bond claims to litigating multi-party construction disputes, David and Laird are the “go-to” attorneys.
www.klbf.com
10 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
A ugust 2016
Construction/Real Property Law
Notice Procedures to Evict Tenants in Texas by Skyler M. Howton
In 2016, the Texas Legislature amended Texas Property Code 24.005(f) and added Texas Property Code 24.005(f1)–(f-2), which changed the notice to vacate requirements for residential lease agreements. Previously, a commercial and residential landlord could provide notice to vacate: (1) in person to the tenant; (2) to any a person on the premises over the age of 16; (3) by regular mail; (4) by registered mail; (5) by certified mail, return receipt requested; (6) by posting to the inside of the main entry door; or (7) by affixing the notice to vacate to the outside of the main entry door if the dwelling had no mailbox, a keyless bolting device, alarm system or dangerous animal inside. The amendment and additions to Texas Property Code 24.005 are straightforward. A commercial landlord can no longer affix a notice to vacate to the outside of the main entry door, and residential landlords may only do so by using
specific verbiage and completing extra steps. For a residential landlord to provide notice to vacate by posting the notice outside the tenant’s door, the landlord must establish: (1) the residence has no mailbox, keyless bolting device, alarm system, and/or dangerous animal; or (2) a reasonable belief that harm will occur from using the other acceptable personal delivery methods. Then, the landlord must place the notice to vacate to be affixed to the outside of the main entry door in a sealed envelope that contains the tenant’s name, address, and in all capital letters, the words “IMPORTANT DOCUMENT” on the outside of the envelope. The statute mentions language substantially similar to “Important Document” may suffice, but Texas case law has not yet created parameters for what other language is substantially similar. After posting the notice to the outside of the main entry door, the landlord’s notice requirements are still not met. The landlord must also, not later than
DBA Dedicates 25th Habitat House
5:00 p.m. the same day, mail a copy of the notice in the same county in which the premises is located to the tenant. A notice satisfying these requirements is considered delivered on the date it is affixed to the door and deposited in the mail—not when received. Three days later, the landlord may institute a forcible detainer action. Although the new additions seem unambiguous, there are some questions that arise from the text that the Texas Legislature used. For example, before 2016, there was no question that the entirety of Texas Property Code 24.005(f) applied to both commercial and residential lease agreements. Although the written text of Texas Property Code 24.005(f), (f-1) or (f-2) do not distinguish between commercial and residential lease agreements, the Comments state that the 2016 changes apply only to residential lease agreements entered into, on, or after January 1, 2016 while residential lease agreements predating the amendment are governed by former law. It is unclear if the Comments are trying to state that the changes do not
DVAP’s Finest
Casey P. Meyers
Casey P. Meyers is the Managing Shareholder of Manning & Meyers. He began working with DVAP in 2013, and volunteers regularly at the Garland Clinic. His firm tries to undertake as many pro bono opportunities as possible, and won the 2015 Gold Award for pro bono service for firms with less than 50 attorneys. He focuses on pro bono cases involving real property and landlord-tenant issues as these are his legal specialties. Casey has recently obtained a number of favorable outcomes, including obtaining $1,500 for a client who was unfairly targeted by a plumbing company that flooded her condominium unit and then charged her for cleaning the unit. He also obtained $3,000 for a renter who was being forced out of her apartment by a landlord in violation of her lease. Thank you for all you do, Casey!
kyler M. Howton is a commercial litigation associate at K&L Gates, LLP and can be reached at skyler.howton@klgates.com or 214-939-5633
Randy Johnston: Trial Lawyer of the Year continued from page 1
On July 9, DBA dedicated its 25th Habitat for Humanity home. DBA President Jerry Alexander turned the keys over to the Reh Meh family. DBA Home Project Co-Chairs David Fisk and Ethan Minshull led the dedication, as volunteers celebrated the completion and dedication of the home. To participate in the project for next year, contact Ethan at ethan. minshull@wickphillips.com.
apply at all to commercial lease agreements (which is not a restriction contained in the text) or just limiting the date of the residential lease agreements to which the new amendments apply. It is presumed the unchanged portions of Texas Property Code 24.005(f) still apply to commercial lease agreements unless the Texas Legislature intended to revoke all notice requirements for commercial landlords before a forcible detainer action can be maintained. Likewise, the mailing requirement is an extra hurdle, and it poses additional questions. Unlike Texas Property Code 24.005(f), which expressly allows mail by regular mail, by registered mail, or by certified mail, return receipt requested “to the premises in question,” Texas Property Code 24.005(f-1) is silent as to the allowed mailing method and instructs the landlord to mail “a copy of the notice to HN the tenant.”
author, athlete, husband, and father—a true Renaissance Man!” Johnston also intensely relies on fellow partners, Robert Tobey and Chad Baruch, who “tend to restrain their enthusiasm with logic more so than I do,” he explained. Johnston also has the rare privilege of practicing alongside his son, Coyt Johnston—“it is the joy of my life that my son shares my passion and is willing to work alongside me.” Johnston says that life as a trial lawyer is one of conflict, and can be a very stressful—how one handles that stress “determines how you are as a lawyer and a human being—the skills used in a court room do not translate well into home life, so being able to separate the two is critical.” One of Johnston’s most memorable cases was when he sued Upjohn Co. in connection with the side effects of prolonged use of one of its sleeping pills on a former undercover officer convicted of killing his best friend. Johnston successfully proved that the pills caused the officer to have an altered state of mind that lead to the killing and the resulting $3.2 million jury verdict became national news and even landed Johnston an interview with Dan Rather. “Although we lost the damages awarded to the man’s family on appeal to the Dallas Court of Appeals on a technical error in the jury charge, I still view the case as a victory because we proved to the family that there was an explanation behind their loved one’s actions.” When asked what changes he sees coming for the profession, Johnston notes a disturbing trend toward the system gradually removing the influence a trial lawyer
can have on the outcome of a case—i.e., forced arbitration where only cold hard facts are considered and no arguments are able to be advanced. “Although there is a defensible position for this shift, and people are less prejudiced by the quality of their representation, the elimination of things like voir dire, opening and closing arguments, and cross-examination really limits the impact a trial lawyer can have on the outcome,” said Johnston. He also sees the increasingly strict requirements imposed on getting a shot at trial as making public access to courts less for the common man and, if unchecked, could cause the court system to be relegated to a “playground for the wealthy.” His advice for young lawyers: “there is no such thing as a “forgivable error” for a young lawyer; you must strive to be as perfect as possible because your opponent can view even a misplaced comma or spelling mistake as undermining your entire position—make sure to carefully review every work product that goes out with fresh eyes.” Johnston has earned many accolades, including his 2012 receipt of the “Texas Trial Legends Award” from Dallas Bar Association’s Tort & Insurance Practice Section. He has been featured in the Texas Lawyer’s “Go To Guide” for Legal Malpractice in Texas, in D Magazine as among the “Best Lawyers in Dallas,” and in Texas Monthly as one of “Texas’ Super Lawyers.” In addition, Johnston is also receiving a “Champion of Justice” award from the Women’s Advocacy HN Awards this year. Alex Farr is an associate at Vinson & Elkins LLP and is CoVice-Chair of the DBA Publications Committee. He can be contacted at afarr@velaw.com.
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(print & online) in the #1 in Dallas County. Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com
Augu st 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 11
Construction/Real Property Law
Adaptive Reuse: Recycling Buildings by Jarrett Reed and Stephanie Tso
In real estate, it’s all about location. As Dallas booms and decades of sprawling development have reached the outer limits of the Metroplex, fewer sites remain available for new ground-up development near Dallas’s urban core. At the same time, a growing number of millennials favoring dense, walkable mixeduse environments are flocking to the city center. The increase in demand for new urban spaces and the sparsity of greenfield sites can leave developers scratching their heads. However, as older spaces within the city center become available, there are opportunities for adaptive reuse— the repurposing of underutilized structures by changing the primary function of the structure but retaining the existing building’s construction and architectural details as an alternative to demolition, vacancy or undesirable use. Adaptive reuse of an existing structure can have economic benefits. Because the existing structure is often largely retained, fewer raw materials like steel and concrete must be sourced. Other expensive building materials including granite stones, marble, and antique lighting can be salvaged from the existing site and repurposed. The amount of cost savings achievable through adaptive reuse is determined on a project by project basis, and is largely dependent on the design accounting for existing resources. It should be noted however that adaptive reuse can entail additional costs associated with bringing an older building up to modern codes and in compliance with applicable laws and ordinances
such as the ADA. Federal, state and city governments are a great source of funds and incentives to encourage adaptive reuse through cost saving vehicles like Historic Tax Credits, New Market Tax Credits, and Recovery Zone Bonds. In Dallas, the City Council has piloted and implemented an Adaptive Reuse Program to spur development in southern Dallas. The program was first approved in 2014 and was renewed on June 17, 2015 with an almost threefold budget increase, from $150,000 to $400,000. In addition to the potential cost savings, when done right, adaptive reuse can be environmentally advantageous and provide a head start toward LEED certification. Redeveloping an existing property can save a greenfield site from being further developed, which reduces sprawl and allows for land conservation. The reuse of the existing building structure and the incorporation of salvaged materials means that fewer raw materials like metal ore and rock are mined, manufactured and transported. A quick review of the new LEED 4.0 guidelines reveals a number of points that can be earned towards certification through adaptive reuse: maintaining the structure and envelope of an existing building, reusing at least 50 percent of the interior of an existing building, reusing building materials, and, if applicable, remediating a brownfield site, among many others. In Dallas, the NYLO Hotel, Old Parkland and The Statler Hotel and Residences are just a few examples of the adaptive reuse movement. In 2012, the NYLO Hotel was redeveloped from a century old building that sat vacant for more than a decade. The building was
formerly a part of the Sears, Roebuck & Co.’s warehouse and retail complex and has now become a part of the revitalized mixed-use community at South Side on Lamar. Similarly, the Old Parkland Hospital campus, originally built in the late 1800s, was completely reimagined into an upscale office complex after Crow Holdings purchased the property in 2006. This development preserved the Jeffersonian-style architecture of the original hospital complex and resulted in the most exclusive and expensive office campus in Dallas. Finally, the historic Statler Hotel, which was one of the world’s largest hotels when it opened in 1956 with
over 1,000 rooms, is being reborn after sitting vacant for more than a decade. The developer is spending around $10 million just to revitalize the unique façade, and when it reopens the building will include not only a hotel but also residences, retail and restaurants. Dallas abounds with opportunities awaiting discovery for those with the vision and savvy to embrace adaptive reuse. We are excited to see what the future holds for HN our city. Jarrett Reed is a senior associate and Stephanie Tso is an associate at Norton Rose Fulbright US LLP in Dallas. They can be reached at jarrett.reed@nortonrosefulbright.com and stephanie.tso@nortonrosefulbright.com, respectively.
Sign up to Volunteer at the DBA Community Day of Service Saturday, October 22, 2016 A day of community service hosted by the DBA’s Community Involvement Committee. For more information, visit www.dallasbar.org/dbacommunitydayofservice. If your firm or group has an idea for a project that you would like to organize, please contact acavazos@velaw.com.com, belwood@dykema.com, or kzack@dallasbar.org.
the Firm’s Family Wealth Planning Practice. Jake’s practice includes Wills, Trusts & Estates; Wealth Preservation & Legacy Planning; Estate & Trust Litigation; Probate & Estate Administration; and Business Entity Formation, Administration & Transactions.
Holmes Firm PC 14911 Quorum Drive, Suite. 340 Dallas, Texas 75254 469.916.7700
Jake@theholmesfirm.com (469) 317-3468 Direct
12 H e a d n o t e s l D a l l a s B a r A s s o ciation
A ugust 2016
DBA Athletic Director
Three Lawyers: Skater, Ultra, and No.1 by Kenneth G. Raggio
Three women members of the Dallas Bar Association have decidedly different ways of staying fit. Really fit. All of them would describe themselves as having a passion for not only their day job as a lawyer, but also for the substantial benefits and pleasure that their physical pursuits bestows upon them. And their fitness job is a very integral part of their daily lives. Diana Cochrane is a DBA member who practices in New Orleans. She brings an unusual “talent” to this column: she is a competitive figure skater, a national medalist in the U.S. figure skating adult skating program. A 2009 SMU law grad, she started skating as a young adult with a Learn to Skate class at the Dr Pepper StarCenter in Plano, and just kept it up after that. She literally skated through law school and into her legal career (first with Carrington Coleman), and into the present. Now in her late 30s, she reports that she is beginning to truly appreciate the health benefits that come along with regular aerobic, strength, and flexibility training starting at such a “young” age. Nicole Studer, also in her 30s, and practicing in ERISA/employment benefits, does ultra-long-distance running events as part of her fitness routine. For those who are uninitiated, ultra-distance Photo 1are sometimes run for a period of events hours, say 12-hour run or a very long distance, such as 50 miles. One has to be very fit—and hardened to do these competitions—and work at it every day. She typically runs 100 miles a week, some mornings and some after work. In fact, she set the national Woman’s 100-mile trail running record, finishing the Rocky Raccoon 100 in 14 hours, 22 minutes—breaking the previous record by 35 minutes!
Felicia Finston also regularly exercises and was recently named the fittest lawyer in Dallas and the fittest lawyer over 50 by the Fit Company. Felicia’s normal
eating healthy and the way that it makes her feel. She advises those looking to get fit and healthy as a busy professional to first pick activities that you like and that you
continue to work better—as we age.” Nicole and Diana, being in their 30s, are ahead of the game as they have already incorporated regular, rigorous,
Diana Cochrane
Photo 2 Nicole Studer
Felicia Finston
weekly fitness routine is road cycling about 200 miles a week, trail running 30 miles a week, combined with strength training and stretching as time permits. She reports that her exercise routine provides her with the energy that she needs to stay focused on her job as a health care and compensation lawyer. She loves physical activity and
can easily fit into your schedule. Felicia, having made exercise a part of her lifestyle for a long time now, is a prime example of the concept stated in Younger Next Year that, “the benefits of exercise are not only a longer life, but also a much higher quality life, as the parts continue to work—and many times
and varied exercise into their everyday life. Not only do they enjoy the current benefits of same, but they will continue to reap the benefits of that lifestyle into later years. HN Kenneth G. Raggio is a partner at Raggio & Raggio, P.L.L.C. and can be reached at kenneth@raggiolaw.com.
DBA Member’s New Book Provides Insights Into Presidential Leadership by Mary Louise Hopson
As the presidential election looms, many of us may be wondering what it takes to be an effective president. What qualities are important in the leader of the free world? Fortunately, a member of the Dallas Bar Association has written a book that provides clues from our country’s history about presidential leadership and the qualities that really matter. Talmage Boston, a litigation shareholder at Winstead PC and prolific writer and analyst on many subjects, used his examination skills to explore a lifelong avocation—the study of presidential h istory—to identify just what really makes a good leader. Traveling throughout the country, Mr. Boston conducted onstage interviews with some of America’s leading experts on presidential history, including former Secretary of State James A. Baker, III, Pulitzer Prize winning author David McCullough, and Emmy Award winning documentary filmmaker Ken Burns. His edited transcripts served as material for the book, Cross-Examining History: A Lawyer Gets Answers From the Experts About Our Presidents (Bright Sky Press 2016, Foreword by Ken Burns), to be released September 1. His nationwide book tour will include appearances at several programs hosted by the World Affairs Council (including Dallas, see box); Rice University, the University of Texas, and other universities; and the National Archives in Washington, D. C. Mr. Boston, a former Co-Chair of the Publications Committee, has been
a shareholder at Winstead PC for more than 18 years and has practiced law for more than 38. A Past Chair of the State Bar of Texas Litigation Section, he is a seven-time recipient of Presidential Citations for his meritorious service to the State Bar of Texas. He has been named a Texas Super Lawyer every year since 2003 and has been included in Best Lawyers in America since 2013. He also has authored several books about another of his passions, baseball, as well as Raising the Bar: The Crucial Role of the Lawyer in Society. He is a frequent contributor to The Dallas Morning News, Dallas Business Journal, and Park Cities People. Mr. Boston offered these “Ten Commandments of Great Presidential Leadership:” 1. A firm moral compass - George Washington is a perfect example of this quality, with his “rock-solid integrity.” 2. The ability to build consensus Thomas Jefferson is a particularly good example of this trait, using it to restore unity after his election. 3. Knowing one’s limitations and getting others to help fill the gaps – James Madison joined forces with others such as Washington and Alexander Hamilton to overcome his shortcomings, increasing his effectiveness as a leader. 4. The ability to remain calm in a crisis – As in the case of John F. Kennedy with the Cuban missile crisis, the president needs to have “the calmest, clearest head in the room.” 5. Is not defeated by setbacks – Great leaders “pick themselves up off the canvas.” Franklin Roosevelt maintained his
active, self-confident lifestyle even after contracting polio, inspiring the country in a turbulent time. 6. Plays hardball when necessary – When Great Britain seized the Suez Canal in 1956, Dwight Eisenhower took quick action, threatening to drive down the value of the British pound until the country withdrew, which happened soon thereafter. 7. Is aware of timing when pursuing initiatives – Lyndon B. Johnson used the timing of tragic events to push through several pieces of important legislation. 8. Is a great communicator – Ronald Reagan delivered stirring speeches, using his training as an actor, then followed through on his promises. 9. Puts the nation’s welfare above one’s own interest – George H. W. Bush put the interest of the nation over his own political interest when he approved new taxes after his election, despite his previous promises not do to so. 10. Knows and shapes public sentiment – Abraham Lincoln made it a
practice to visit with local newspaper owners to determine public sentiment, and then found ways to shape opinion to his own position. What lessons did Mr. Boston learn while compiling the information? He suggests we view presidential strengths and weaknesses in perspective, remembering that no president is perfect. But some keys to success are: bi-partisan support, good communication and follow through, and the necessity of good advisers. So, for whom do YOU plan to vote in November? Read this book and put aside what Mr. Boston calls “today’s frenzied political circus” to get a clearer picture of what is required to be a successful president. Then maybe you will be ready in November! HN Longtime member and former Co-Chair of the Publications Committee Mary Louise Hopson was one of the first law firm marketing professionals. She can be reached at mlhops@ sbcglobal.net.
Talmage Boston will be speaking in Dallas about his book at the following events. They are open to the public, but seating is limited: • Tuesday, August 30: World Affairs Council of Dallas/Fort Worth (www.dfwworld.org) • Monday, September 12: Belo Mansion, Dallas Bar Association Legal History Discussion Group • Friday, November 4: George W. Bush Presidential Library, SMU (www.georgewbushlibrary.smu.edu)
Augu st 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 13
Construction/Real Property Law
Remedies for Default in Commercial Real Estate Contracts by Kimberly A. Davison
As commercial real estate continues to boom in North Texas, short supply, whether actual or perceived, in combination with high demand, has had its effect on the negotiation of purchase and sale agreements. Purchaser’s remedies in the event of a Seller default have been arguably most affected by this change in market climate, while Seller’s remedies have remained relatively constant. In the event of a Purchaser default, Seller’s remedy is relatively simple—the retention of the earnest money. The earnest money that the Purchaser customarily deposits with the title company at or shortly after signing the contract is set at an amount that is significant enough to: (1) establish the seriousness of Purchaser’s commitment to the transaction; and (2) cover Seller’s actual damages for Purchaser’s potential default, including the costs of providing the Purchaser information needed to investigate the property such as the legal, engineering and surveying fees incurred in preparation for the closing of the transaction. Once the amount of the earnest money is established, the Seller’s remedy in the event of a Purchaser default is often correspondingly set—if Purchaser defaults, Seller is given the earnest money and the parties have no further claims against each other. The remedies in the event of a Seller default are much more complex, especially
in a Seller-friendly marketplace. When demand is high, a Purchaser may fear that it will spend significant time and effort pursuing an acquisition, only to have the Seller default and either refuse to transfer the property, or be unable to transfer the property due to a prior conveyance, typically as a result of the Seller receiving a more attractive offer from another purchaser. A Purchaser is typically not satisfied with the mere promise of the return of its earnest money to assuage its fear of losing a property after investing time, effort, and money in pursuing the transaction. Seller’s usual initial response to a Purchaser who expresses concern about its Seller default remedies is for the Seller to offer specific performance—i.e. if the Seller defaults, the Purchaser may then pursue the forced conveyance of the property by the Seller. However, if the Seller has previously conveyed the property in question to a third party, then the remedy of specific performance will not be available. In light of the foregoing, Purchasers now commonly insist on the ability to recover actual or even consequential damages in the event of a Seller default, a trend that Sellers should approach with caution and a good sense of risk management. If a Seller is faced with the Purchaser’s requested ability to recover damages in the event of a Seller default, the Seller should consider ways to mitigate its risk. While there are certainly instances of Seller
default that are under the control of Seller (i.e., accepting a higher offer from a different purchaser), there are also scenarios where the Seller default is less predictable and controllable (i.e., an unexpected problem with the title to the property) and, in such case, the Seller cannot afford to have an open-ended exposure to Purchaser’s damages. One suggested limitation is to eliminate Purchaser’s recovery of any consequential damages. By limiting Purchaser’s damages to actual damages, the Seller can protect itself from Purchaser’s claims of lost profits or lost business opportunities. The Seller could also set forth an itemized list of acceptable damages. For example, the Purchaser’s damages could be limited to costs associated with engineering, surveying and legal services arising out of the inspection of the property. Finally, the Seller could
insist on a specific cap on the recovery of damages, alone or in combination with the foregoing limitations. As market conditions change, natural supply and demand will likely dictate which side of the transaction is more concerned with the default of the other party and which side of the transaction feels more exposed to potential damages. In the current real estate climate, Purchasers are expressing their concern for Seller default by insisting on multiple methods for recovering damages and have had some success in broadening the scope of their remedies. The prudent Seller will make sure that such damages are as narrowly and specifically defined as possible and will attempt to include an economically reasonable cap HN on such damages. Kimberly A. Davison is a partner at Griffith Davison & Shurtleff. She can be reached at kdavison@griffithdavison.com.
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14 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
A ugust 2016
Construction/Real Property Law
Seller Beware, Too by John Slavich
Property owners should consider how environmental concerns may impact a proposed sale of their property. Concerns may include environmental issues seller believes have been previously resolved. Seller’s failure to manage buyer’s environmental due diligence process can not only impact the proposed transaction, but also stigmatize the property into the future if the sale does not occur. Conditions can change. Even if seller received a “clean” Phase I when it purchased its property, a buyer may raise potential environmental issues. Site conditions can change during the period of ownership of the property. New site conditions triggering concerns can arise from
operations on the marketed property and conditions on neighboring properties. The presence of fill on seller’s property can cause concern, especially when there is no sampling data confirming the fill is clean. If buyer’s consultant concludes there are Recognized Environmental Conditions (RECs) at seller’s property, seller should expect that those RECs will need to be addressed before buyer is willing to close. Regulators’ concerns can change. The Texas Commission on Environmental Quality (TCEQ), the State’s environmental regulatory agency, may unilaterally change its approach to regulatory concerns without prior notice to the regulated community. Those changes can complicate deals. Of particular note currently is TCEQ’s approach regarding vapor intru-
JEFF COEN FAMILY LAW NUTS & BOLTS LIVE CLE Sponsored by DVAP and the DBA Family Law Section September 14-15, 5:00-8:00 p.m., at Belo | MCLE 6.00, Ethics 2.00 Dallas Family Law Judges and some of Dallas’ most experienced family law attorneys will be speaking. Training materials and forms will be provided on a CD or thumb drive. To register, email reed-brownc@lanwt.org or vallejod@lanwt.org.
sion from volatile organic compounds (VOCs) present in soil or groundwater. Although TCEQ has not issued regulatory guidance regarding sites where VOCs are present, recent experience is that TCEQ is de facto regulating those issues by requiring additional investigation, mitigation or restrictive covenants before agreeing to grant regulatory closure. Seller should also keep in mind that a No Further Action letter issued for its site by TCEQ really means “no further action at this time.” Matters considered as a significant change in circumstances may result in TCEQ reopening its previous regulatory closure. Corral the buyer’s consultant. Sellers have to live with the consequences of poorly performed investigations by buyers’ consultants. Our clients have run into several instances recently where the consultant engaged by the prospective buyer, or the analytical lab hired by the consultant, did such a poor job that it left seller at a distinct disadvantage when the prospective buyer then decided to walk away from the transaction. Consultants’ reports have a life of their own extending far into the future. That becomes an issue when buyer’s contract requires seller to provide all environmental reports in its possession regarding the site, or where seller provides all reports to avoid any later claim of failure to disclose if it were to withhold outdated reports. Control the data. A confidentiality clause in the purchase contract can control dissemination of the environmental data developed. Until the transaction is completed, any environmental information developed by buyer with respect to seller’s site should be subject to strict confidentiality, with buyer and its advisors as the only persons with access to that infor-
mation. No third party disclosure should be allowed without the express, advance written agreement of seller. One of our clients recently faced a situation where the conclusions of buyer’s consultant were not supportable and the prospective buyer not only dropped the contract, but then spread the erroneous story that seller’s property was contaminated. A confidentiality provision could have provided seller with recourse in such a situation. Avoid kicking the sleeping dog. Seller needs to think carefully about allowing buyer to perform subsurface investigation. New sampling data regarding environmental conditions at a property can create previously-unanticipated concerns for seller. If seller’s property has already received regulatory closure, additional sampling results may only muddy the waters where TCEQ determined the property meets applicable regulatory standards even though residual contamination continues to be present. Also, subsurface sampling may lead to governmental reporting obligations as a result of data collected. Seller may condition its agreement to subsurface sampling upon a contractual provision allowing buyer a walk-away from the deal without providing a reason for exercising its right to walk away and without providing sampling data to seller. The foregoing is not an exhaustive discussion of environmentally-related concerns of a seller. The noted items are, however, matters that my colleagues and I see on a recurring basis and for which we have developed various approaches in counseling clients that are selling real property. HN John Slavich is a shareholder in Guida, Slavich & Flores, P.C. He can be reached at slavich@guidaslavichflores.com.
Augu st 2 0 1 6
D al l as Bar A ssoci ati on l Headnotes 15
2016 DBA 100 CLUB MEMBERS – THANK YOU! We are proud to recognize the following firms, organizations, corporate legal departments, government agencies and law schools for their 100% support of the Dallas Bar Association as members of the 2016 DBA 100 Club! The DBA 100 Club is a distinguished membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club consists of firms and law schools with two or more attorneys as well as corporate legal departments, organizations, and government agencies that have 100% membership in the DBA. Recognition is free and given to the 2016 DBA 100 Club members in our Headnotes publication, at our Annual meeting in November and in the 2017 DBA Membership Directory. Please note that the DBA 100 Club is FREE recognition and open for renewal annually. We do not automatically renew an organization’s membership due to changes in attorney rosters each year. It is not too late to become a member of the 2016 DBA 100 Club! Please submit your request via email including a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your organization will be added to the 2016 DBA 100 Club!
THANK YOU FOR YOUR SUPPORT OF THE DALLAS BAR ASSOCIATION! DBA 100 Club Members as of July 13, 2016 2 to 5 Attorneys A. William Arnold III & Associates, P.C. Ackerman & Ramos, L.L.P. Adair, Morris & Osborn, P.C. Addison Law Firm P.C. Aldous \ Walker Alexander Dubose Jefferson & Townsend LLP Altaffer & Chen PLLC Anderson & Brocious P.C. Anderson Beakley, PLLC Andrews & Barth, PC Ashcraft Law Firm Ashley & Laird Atwood Gameros LLP Bisignano Harrison Neuhoff LLP Blackwell & Duncan, PLLC Blankenship, Wiland & O’Connor, P.C. Brousseau Naftis & Massingill Burdette & Rice, PLLC ByrdAdatto Calabrese Huff, P.C. Carlock & Gormley Chen Dotson, PLLC Christiansen Davis LLC Clark Law Firm Clark, Malouf & White, LLC Coffin & Bailey, PLLC Collins Law Group PC Connatser Family Law Cox Bower, LLP Crain Lewis Brogdon, LLP Curtis Law Group Darrell W. Cook & Associates PC Darrow Mustafa PLLC Davenport & Epstein, P.C. Davis Stephenson, PLLC Dedman Law, PLLC Dunn Sheehan LLP Edison, McDowell & Hetherington LLP Edwards & de la Cerda, L.L.C. Elliott Thomason & Gibson, LLP Erhard & Jennings, P.C. Fisher & Welch, P.C. Franklin Hayward LLP Fuller Mediations Gauntt, Koen, Binney, Woodall & Kidd, LLP Gillespie Sanford LLP Goggin Law Firm Grau Law Group, PLLC Grogan & Brawner P.C. Gunnstaks Law Office Hamilton & Squibb, LLP Hance Law Group Hedrick Kring, PLLC Hollingsworth Walker Holmes Firm PC Horton & Archibald, P.C.
Hunt | Ham, PLLC Hunter & Kalinke Hyden + Hyden Iola Galerston, LLP Jameson & Powers, P.C. JEE Law, PLLC Jenkins & Watkins Johnson & Silver, LLP Johnston Tobey Baruch, P.C. Juneau, Boll, Stacy & Ucherek, PLLC Kabani & Kabani, PLLC Kellett & Bartholow PLLC Kendall Law Group, LLP Kevin Buchanan & Associates, P.L.L.C. Kinser & Bates, L.L.P. Kizzia Johnson PLLC Kleiman Lawrence Fitzgerald, L.L.P. Koning Rubarts LLP Koons Real Estate Law Langley LLP Law Office of Alisa Richman Law Office of Andrew & Mark Cohn Law Offices of Carmen S. Mitchell, LLP Law Offices of Otstott & Jamison Law Offices of Richard A. Gump, Jr., P.C. Law Offices of Terrence G. Turzinski, P.C. Lawrence Law PLLC Lee & Braziel, LLP Lemons & Hallbauer, LLC Letteer & Mock, P.C. Leu & Peirce, PLLC Lidji Dorey & Hooper Lillard Wise Szygenda PLLC Lira Bravo Law, PLLC Lisa E. McKnight, P.C. Little Pedersen Fankhauser LLP Mahomes Bolden PC Malouf & Nockels LLP Maris & Lanier, P.C. Marshall & Kellow, LLP McElree | Smith McTaggart & Beasley, PLLC Miller Mentzer Walker, P.C. Mincey-Carter, PC Mullin Hoard & Brown, L.L.P. Musgrove Law Firm, P.C. Nesbitt, Vassar, & McCown, L.L.P. Niles Holmes P.C. Orenstein Law Group, PC Pace & Pace, L.L.P. Patterson & Sheridan, LLP Peckar & Abramson, P.C. Peter & Lanzillo, PLLC Prager & Miller, P.C. Quaid Farish, LLC Raggio & Raggio, P.L.L.C. RegitzMauck PLLC
Richardson Koudelka, LLP Riney Packard PLLC Rochelle Findley Barbee PLLC Rose Walker, L.L.P. Rosenberg Paschall Johnson LLP Ross Barnes LLP Sawicki Law Schubert & Evans, P.C. Schuerenberg & Grimes, P.C. Seltzer Chadwick Soefje PLLC Sessions Fishman Nathan & Israel LLP Sheils Winnubst, PC Sherman & Yaquinto, L.L.P. Silverman Goodwin, LLP Simon | Paschal PLLC Skierski Jain PLLC Smith Hargrave Law Smith Kendall P.C. Smith, Stern, Friedman & Nelms, P.C. Spector & Johnson, PLLC Spencer Law, P.C. Spencer Scott pllc Talcott Franklin PC The Bhatti Law Firm, PLLC The Courtney Firm The DeLoney Law Group, PLLC The Holmes Law Firm The Korn Diaz Firm, LLP The Perrin Law Firm The Pettit Law Firm The Vermillion Law Firm, LLC Thomas, Cinclair & Beuttenmuller, PC Travis Law Group, P.C. Tremain Artaza PLLC Van Every Creedon PLLC Walker & Long Ward & Turton, PLLC Webb Family Law Firm, P.C. Wesner Coke & Clymer, P.C. Winn, Beaudry & Winn, L.L.P. Wisener Nunnally Roth LLP Withers & Withers, P.C. Wolfish & Newman, P.C. Woodward & Shaw Woolley <> Wilson, LLP. Wormington & Bollinger Yarbrough & Elliott, P.C. 6 or More Attorneys Ackels & Ackels, L.L.P. Anderson Tobin, PLLC Baker Botts, L.L.P. Beirne, Maynard & Parsons, L.L.P. Boyle & Lowry, L.L.P. Bragalone Conroy PC Brown Fox PLLC Buether Joe & Carpenter, LLC Burdette & Rice, PLLC Burford & Ryburn, L.L.P. Calloway, Norris, Burdette & Weber, PLLC
Canterbury, Gooch, Surratt, Shapiro, Stein & Gaswirth, P.C. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Carter Scholer Arnett Hamada & Mockler, PLLC Cavazos, Hendricks, Poirot & Smitham, P.C. Coats Rose Cobb Martinez Woodward PLLC Cooper & Scully, P.C. Cowles & Thompson, P.C. Cozen O’Connor Cunningham Swaim Cutler Smith, PC Deans & Lyons, LLP DeHay & Elliston, L.L.P. Duffee + Eitzen LLP Estes Okon Thorne & Carr PLLC Farrow-Gillespie & Heath LLP Fee, Smith, Sharp & Vitullo, L.L.P. Fletcher, Farley, Shipman & Salinas, LLP Fox Rothschild LLP Godwin PC Goranson Bain, PLLC Gordon Rees Scully Mansukhani, LLP Griffith Bates Champion & Harper LLP Gruber Elrod Johansen Hail Shank LLP Hankinson LLP Hiersche, Hayward, Drakeley & Urbach, P.C. Higier Allen Lautin, P.C. Hoge & Gameros, L.L.P. Jordan Cresswell Monk Reber, PC Kessler Collins, P.C. Locke Lord LLP Loewinsohn Flegle Deary Simon LLP Lynn Pinker Cox & Hurst, LLP Macdonald Devin, P.C. Malouf Nakos Jackson & Swinson, P.C. McCathern, LLP McGuire, Craddock & Strother, P.C. McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Mullin Law, PC Orsinger, Nelson, Downing & Anderson L.L.P. Passman & Jones, P.C. Rochelle McCullough LLP Sayles Werbner, P.C. SettlePou
Shannon, Gracey, Ratliff & Miller, L.L.P. Sorrels, Udashen & Anton Stacy & Conder, L.L.P. Stanton Law Firm PC Staubus & Randall, L.L.P. Steed Dunnill Reynolds Bailey Stephenson LLP Stuber Cooper Voge, PLLC The Bassett Firm, P.C. The Hartnett Law Firm The Law Offices of Frank L. Branson, P.C. Thiebaud Remington Thornton Bailey LLP Thomas, Feldman & Wilshusen, L.L.P. Thompson & Knight LLP Tollefson Bradley Mitchell & Melendi, LLP Touchstone Bernays Turley Law Firm Verner Brumley McCurley Mueller & Parker, PC Winstead PC Zelle LLP Corporate Legal Departments Alon USA Energy Inc. American Contractors Insurance Group Austin Industries, Inc. Borden Dairy Company Buckner International Capital Senior Living, Inc. Compatriot Capitol Inc. Dunhill Partners, Inc. Fair Texas Title, LLC Front Burner Restaurants, LP Gaedeke Group HighGround Advisors Morgan Management Corporation Neuberger Berman Oak Highlands Brewery PrimeLending, a PlainsCapital Company Tenaska, Inc. Government Agencies, Law Schools & Organizations City of Irving County Criminal Court No. 11 Dallas Baptist University Dallas Children’s Advocacy Center Dallas County Probate Court DII Industries, LLC Asbestos PI Trust Mosaic Family Services Inc. UNT Dallas College of Law Special Recognition Students of the UNT Dallas College of Law
16 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
A ugust 2016
State Bar of Texas President
Not Their Challenge, Our Challenge by Frank Stevenson
Editor’s Note: The following is condensed from President Frank Stevenson’s inaugural address June 17 at the 2016 State Bar of Texas Annual Meeting in Fort Worth. When I was 4-years-old, my best friend was Joe. Joe was our milkman—an occupation now gone the way of the alchemist and the bear-baiter. Every afternoon we’d ply the neighborhood together in Joe’s truck, delivering milk. I felt like an emperor, and it’s been all downhill ever since. How tragic to peak when you’re barely out of your onesie. My good mother was ever-alert for a teachable moment, and sensed one here. She was standing in the driveway one day when Joe dropped me off. “Frank, I want you to properly introduce me to your friend, Joe,” Mom said. I returned the blank, uncomprehending deer-in-theheadlights look my wife knows so well. But Mom was undeterred. “That means you say our names and tell each of us something that’s special and different about the other.” After a pause, I ventured, “Joe, this is Mom. She… is my Mom,” I observed trenchantly. Mom and Joe shook hands. “Mom, this is Joe. He… has a really big nose.” While it is good and estimable to celebrate our differences, that story illustrates that there are times when our differences are better left in the background. I wonder if, as Texas lawyers, one of those times is right now. Within our small community of lawyers, we are tempted to identify ourselves— first and foremost—by our differences. How many attorneys do we practice with?
Do we close deals or try cases? Do we represent the injured or the insurer? But do these distinctions matter to anyone but ourselves? And does this ardent differentiation sometimes make us appear less of a united bar and more just an amalgam of organized appetites? This is a challenging time to be a lawyer. And the challenges confronting us Frank Stevenson confront us as a profession, not just as this subgroup, but not that one. Yet when only this or that kind of Texas lawyer is being criticized, we sometimes gull ourselves into thinking our particular kind of Texas lawyer is untouched. It simply is not so. I wonder if instead of focusing on our differences, or even working through our differences, we ought to look past them. That maybe we need to understand ourselves—first and foremost—as Texas lawyers, laying aside all the other adjectives that litter and snare our path toward being the Bar we can and must be. Our challenges won’t countenance “they” or “their,” only “us” and “our.” Forty percent of last year’s law school graduates still don’t have a job requiring a JD. That’s not just their challenge, that’s our challenge. Lawyers whom you and I know are the tragic examples of a profession that has three times the risk of depression and twice
the risk of substance abuse as others. That’s not just their challenge, that’s our challenge. Only 1 in 5 lowincome Americans with civil legal needs ever finds help. Not their challenge, our challenge. And over 20,000 cases involving a pro se party were filed last year in Tarrant County alone. Not their challenge, our challenge. Some suggested cures appear worse than what afflicts us. And we must not compliantly accede to initiatives incompatible with our core values or that commoditize our profession. But neither can we merely say “no” to every proposed solution without risking being milk-manned into lesser and lesser r elevance. Instead we must work to identify changes that expand legal access for our citizens, as well as opportunity for our fellow lawyers. We must identify initiatives to say “yes” to. This will require hard work. But more importantly, this will require work together. To use a fittingly Fort Worth metaphor, consider the apogee of The Cubist Experiment of the late Belle Époque. Two miles from here, in one of the world’s greatest museums, hang two masterpieces by the exemplars of that school of art—Pablo Picasso and George Braque. The paintings hang side-by-side. That placement is the artists’ relation-
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ship in sum. There may have never been two more dissimilar human beings, yet despite their stunning differences, they understood themselves—first and foremost—as striving toward the same goal and engaged in the same enterprise. Seeing those two paintings—one next to the other—recalls Braque’s observation that he and Picasso were “roped together like mountaineers.” You, I, and all Texas lawyers are roped together too—striving toward the same goal, engaged in the same enterprise, seeking the same things. We must not be beguiled into making a fetish out of our differences and a trifle out of our commonalities. For to do so is as delusional as thinking that a belayed mountain climber can somehow summit by herself, and that if another falls, he falls alone. There are steps we must take—implementing legal incubators, expanding mentoring programs, placing lawyers in courthouses to guide pro se parties, modernizing and enhancing access to lawyers for modest-means Americans, and identifying new methods to deliver legal services – but by lawyers and not by someone or something else. To paraphrase Chesterton: It is not that these initiatives have been tried and found wanting. They have been found hard and left untried. So, let’s try them. More importantly, let’s try them together. And thus ensure that a year from now, you and I will be even more proud than we are today to be—first and foreHN most—Texas lawyers. Frank Stevenson, a partner in Locke Lord in Dallas, is a former Dallas Bar president and the 2016-2017 president of the State Bar of Texas.
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Just a Few of the CLE topics:
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Augu st 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 17
Construction/Real Property Law
Title Insurance 101 by Martha G. King
Having previously served as a title insurance claims counsel for 22 years, I am confident that title insurance is among the least understood types of insurance. This is surprising, since a title policy protects ownership and security interests in real property, which often is the single largest investment or asset in a business’ or individual’s p ortfolio. Like other insurance policies, a title policy is a contract of indemnity. Subject to the policy’s terms and conditions, the title insurer agrees to defend its insured’s title, as insured, and/or to indemnify against actual monetary loss resulting from a covered title risk. Misconceptions may arise from the retrospective nature of the policy. That is, a title policy insures against loss from title defects (risks) existing as of the date of the policy, whereas other forms of insurance insure against loss arising from future occurrences. Some mischaracterize a title policy as a: (1) “guarantee of title” or (2) “report of the status of title.” The first suggests that a policy insures that no title defects exist, while the second implies that a policy’s failure to report a title risk renders it defective and/or creates a policy loss. However, adverse claims of title may arise outside facts shown by “Public Records” on which a title insurer relies in issuing its policy, such as adverse possession. Omission of a title matter, alone, does not create a compensable loss under the policy if no actual monetary loss results from the omission. A title search that precedes the issuance of the policy benefits the title insurer
by reducing its risks, while an insured’s benefits derive from the policy’s defense and indemnity c overages. The nature of policy coverage depends partly on whether the policy is an owner’s or loan policy. An owner’s policy insures fee simple title or another estate in land to an owner, lessee, easement holder, etc. A loan policy insures the validity and priority of a lender’s security interest in the property. The nature of the insured interest is shown on Schedule A, along with the policy’s effective date, amount of coverage, the named insured, and a legal description of the insured property. A policy’s “Covered Risks” set the general parameters of coverage, but coverage of a specific matter may be modified or eliminated by provisions of Schedule A, Schedule B (Exceptions From Coverage), the Exclusions From Coverage, additional policy terms and conditions and Endorsements issued with the policy. The Schedule B exceptions may alter the Covered Risks. For example, if a Covered Risk includes: “[a]ny encroachment … affecting Title that would be disclosed by an accurate … land survey…,” Schedule B may contain an exception to a specific encroachment, thereby removing that encroachment from coverage. Similarly, Exclusions From Coverage may alter Covered Risks. For example, “violations of subdivision regulations” may be a Covered Risk, while preprinted Exclusions expressly exclude such coverage. The apparent conflict is reconciled in the relevant Covered Risk, which clarifies that coverage is afforded only if notice appears (prior to the policy date) in the “Public Records” and only to the extent of the notice. Caveat:
if the recorded notice appears on Schedule B, the violations described in the notice would not be covered. Certain Covered Risks may be the subject of adverse claims more often than others, such as a right of access. Absent a Schedule B exception, a policy insures that, as of the policy date, a legal right of access to/from the property exists. Neither the physical condition nor character of the access is insured, although a specific access may be insured if shown on Schedule A. An insured owner may assert a loss from a lack of access at any time, but a lender’s loss is typically determined after it forecloses and becomes the property owner. Finally, misconceptions may arise as to the nature of the title insured. According to its terms, a title policy insures “good and
indefeasible title,” i.e., a valid title that cannot be defeated, though many mistakenly believe that it insures “marketable title.” Section 2502.002 of the Texas Insurance Code prohibits a title insurer from insuring “unmarketability of title.” Therefore, if a buyer refuses to purchase an insured property due to a perceived title defect, any loss arising from the buyer’s refusal would not be covered. However, the title defect, itself, may create a covered loss. An exhaustive study of title insurance is beyond the scope of this article. The foregoing addresses some common misconceptions about title insurance and explains certain policy coverages. HN Martha G. King is an attorney-mediator d/b/a Greenville Mediation Center. She can be reached at mkingmediation@ outlook.com.
2nd Annual L.A. Bedford, Jr. Awards Luncheon Friday, August 5, Noon at Belo Honorees include: • L.A. Bedford, Jr. Distinguished Jurist Award: Hon. L. Clifford Davis • Hon. Sam A. Lindsay Professionalism and Ethics Award: Kim J. Askew • C.B. Bunkley Community Service Award: Dallas Habitat for Humanity • Hon. Cleo R. Steele Committed Mentor Award: Hon. Martin Hoffman Tickets: $35/Table: $350/Title Sponsorship: $1,500
For more information, contact tatiana.waits@citi.com or ebony@rivonlawfirm.com.
18 H e a d n o t e s l D a l l a s B a r A s s o ciation
Column
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Ethics
Ethical Implications of the Construction Trust Fund Act by Hershel R. Chapin
The Construction Trust Fund Act (CTFA) inhabits an often overlooked corner of the crazy quilt of Texas law—Chapter 162 of the Texas Property Code. Yet, this powerful statute may be one of the single greatest malpractice traps for Texas attorneys who practice within the intersection of business, construction litigation, and creditors’ rights law. For the reasons below, it is incumbent on Texas attorneys to interrogate the precise nature and origin of funds whenever a construction case involves (or could involve) pre-payment. The CFTA defines “construction trust funds” expansively as money lent or paid to someone for the purpose of improving specific real estate property in Texas. This law penalizes certain holders of “construction trust funds” for diverting the funds from their intended purpose(s). Corporate agents and control persons who mishandle funds covered by the CFTA are subject to personal liability and/or criminal penalties regardless of the nature of their corpo-
rate shield. Tex. Prop. Code §§ 162.031, 162.032; Dealers Elec. Supply Co. v. Scoggins Constr. Co., 292 S.W.3d 650, 657 (Tex. 2009). It should be noted, however, that the statute does not penalize persons merely for failing to budget adequately for construction labor or materials, so long as funds were spent appropriately. A paradigmatic example of a CFTA violator is a contractor who receives funds to improve one house but who instead spends them on another project or perhaps on a personal expenditure. The CFTA includes multiple technical, statutory presumptions, which can have the effect of generating strict liability for covered persons who neglect to hold construction trust funds in a specially designated “construction account” and/or to adequately account for the dispositions of such funds. A violation of the CFTA could be deemed a “fraud or defalcation while acting in a fiduciary capacity,” under Section 523(a)(4) of the U.S. Bankruptcy Code, which means that civil liability incurred under the CFTA against an individual could be considered
Texas Lawyers’ Assistance Program TLAP provides confidential help for lawyers, law students, and judges who have problems with substance abuse and/or mental health issues. In addition, TLAP offers many helpful resources, including: Live Ethics CLE presentations TLAP Newsletter Request of specific educational materials 1-1, group telephone calls on topics Friday noon AA telephone meeting 1-800-393-0640, code 6767456
Find out more at www.texasbar.com.
non-dischargeable in bankruptcy under aggravating circumstances. Bullock v. Bank Champaign, N.A., 569 U.S. , 133 S. Ct. 1754, 1759-60, (2013). Kahkeshani v. Hann (In re Hann), 544 B.R. 326 (Bankr. S.D. Tex. 2016). In other words, persons cannot necessarily escape the grasp of the CFTA by seeking bankruptcy protection. Therefore, as a requisite of competency under Tex. Disciplinary R. Prof. Conduct § 1.01, every Texas lawyer who represents: 1) a contractor who receives or might receive a deposit prior to delivering goods/ services, 2) a beneficiary of funds given to a general contractor including trade creditors or materialmen, or 3) anyone else who may even be remotely connected with such persons, must be familiar with the CFTA’s coverage, affirmative defenses, and consequences. Additionally, because the CFTA is a criminal statute, the lawyer who is approached by a client or prospective client seeking counsel with regard to a wrongful distribution of construction trust funds should be wary of aiding or abetting a crime, and may have an affirmative obligation to report the client’s or prospective client’s activity if she cannot be talked into the appropriate course of conduct. See Tex. Disciplinary R. Prof. Conduct §§ 1.02(c)-(f), 1.02 Comments (7)-(8). If the same lawyer were called upon to provide evidence or to testify against the client or prospective client, the attorney-client privilege or duty of confidentiality could
not be relied upon protect the attorney from being compelled to so testify, or failing so, to be subject to a criminal charge of obstruction of justice. Tex. Disciplinary R. Prof. Conduct §§ 8.04(a)(4), 3.04(a). Another professional implication for lawyers involving the CFTA is the receipt of legal fees that could potentially be labeled “construction trust funds.” A constructive trust could conceivably be imposed on a lawyer’s bank account(s) to recover funds for the benefit of one or more creditors if such funds represented wrongful distributions that are directly traceable to construction payments. Also, because lawyers are imputed to have knowledge of the CFTA (whether they actually do or not), the moment the attorney knows or should know that retainer funds may be encumbered by a CFTA claim, the attorney is obligated to freeze the funds pending a resolution of their status pursuant to Tex. Disciplinary R. Prof. Conduct §§ 1.14(b)(c). Therefore, the CFTA provides numerous avenues for lawyers to be implicated in the conduct of clients regardless of the wellmeaning intentions of lawyer or client. The CFTA is an example of why lawyers must always poke their noses in their clients’ (or prospective clients’) business and maintain a high level of awareness and diligence, lest they be the unwitting archiHN tects of misfortune. Hershel Chapin is the managing attorney of H. R. Chapin, Attorney & Counselor, PLLC. He may be reached at hchapin@ gmail.com.
Problems Representing Multiple Clients in Real Estate Transactions continued from page 1 their interests. And while under limited circumstances and with informed consent it is not impossible to represent parties with potentially adverse interests in a transaction, it is not advisable and it is very difficult to truly give all the disclosures necessary for a party to make an informed consent. Peter needs to carefully draft his engagement letter. The interests of the General Partner and the Limited Partners are always divergent. Key provisions governing control decisions or buy/sell arrangements in the event parties cannot agree on partnership action can be drafted many ways which can favor one party over the other based upon the financial capability of the parties or their sophistication, etc. Ideally, Peter needs to be engaged by one of the parties to draft the agreement. It can be the General Partner or one or more of the Limited Partners, but he should not attempt to represent all of the partners.
Peter should clearly inform all parties that he cannot be counsel to the situation and that he is representing one party. The engagement letter should provide acknowledgments from the other partners that they understand he is not representing them and that have been informed they should have independent counsel. Peter can subsequently agree to represent the Partnership, but that engagement letter needs to also be acknowledged by the parties with the understanding that he represents the entity, not any of them individually. And the agreement should also provide that he will withdraw from representing the entity or any of them in the event of a dispute. And if there is a dispute he should withdraw. The risk of litigation against him and his firm is high and the rewards low. HN Martin L. Camp is a Professor of Practice and the Assistant Dean for Graduate and International Programs at SMU Dedman School of Law. He is a former Chair of the Real Property Section and can be reached at mlcamp@smu.edu.
Spanish for Lawyers: Sign Up Now! 10-Week Course Fall 2016 | Cost: $180 August 30 – November 3, 2016 Levels: Beginning, Intermediate/Advanced, and High Beginning/Low Intermediate For more information, contact Yedenia Hinojos at yhinojos@dallasbar.org or (214) 220-7447
Augu st 2 0 1 6
Classifieds
D al l as Bar A ssoci ati on l Headnotes 19
August
EXPERT WITNESS
Economic Damages Experts - Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, business valuation, credit damage and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to, energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability, construction and construction. HSNO has 17 U.S. offices and offices in London and Mexico. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or HSNO.com. Mexican Law Expert - Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/ defenses, personal injury, moral damages, contract law, corporations. Coauthor, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com.
OFFICE SPACE
Addison A/V Rated law firm with great location at Belt Line and Dallas North Tollway has two, adjacent offices and secretary bay for lease. One office is partner-size, and one is partner/associate size. Offices come with telephone service and receptionist, use of conference rooms and kitchen area, work/copy room, some additional storage, covered parking and Wi-Fi. Kelly@crb-law.com. Two office spaces for rent in historic home in Uptown, Dallas. Office one is 15X15 available for 1K a month. Office two is 15X17 available for 1.2k month. Lease individually or combined. Access
to all common areas, e.g., conference room. Call Worth (214) 720-9552. McKinney Avenue. Office with secretarial area available at 4054 McKinney Avenue. Shared conference room, break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00 for the furnished or unfurnished large office and $300.00 for the furnished secretarial office. Call Worth (214) 520-0600 Uptown Dallas. Elegant 1200 square foot four office suite with reception area and extensive file room storage room with built-ins. Available August in small office building near Crescent with tall ceilings, large windows and other amenities. Contact jackcirwin@earthlink.net or Worth (214) 855-0127. Turtle Creek Blvd. – executive office space available for lease in a professional, legal environment. Two large offices available to share with experienced and established lawyers. Separate areas available for assistants or para-professionals. Three bench seat spaces available for daily or short-term use if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, conference room, kitchen area, covered v isitor parking, and free office parking. Location convenient to Dallas courts, downtown and all traffic arteries. Please contact Judy at (214) 7405033 for a tour and information. Uptown - Executive Office space available for lease in a professional Legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax and copy machines, two conference rooms, two kitchen areas, and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa Worth (214) 696-9253 for a tour. Turtle Creek - Uptown. Gorgeous Brand New Class A Fully Furnished Office Available In Prestigious Turtle Creek/Uptown Dallas Building. Parking, Gym, 24/7 Security, Internet, Phone, Club Lounge, and More. For more information email: mn7054a@ american.edu. Pictures/tour available. Uptown Law Firm - Office Sharing. Uptown law firm looking for attorney to office share. Will provide furniture, overflow work, which should cover office expense, access to conference room, kitchen and break area. If interested, email resume and brief cover letter to snh@charleskaplanlaw.com or call Worth (214) 522-4900.
16th Annual Freedom Run 5K Run/1 Mile Walk Saturday, September 24, at 8:00 a.m. at Trinity Groves Benefitting the Assist The Officer Foundation Paying tribute to the victims and heroes of 9/11. Register Online at www.freedomrun.com Organized by the Dallas Association of Young Lawyers. For sponsorship or corporate team information, email cherieh@dayl.com.
Walnut Glen Tower (Walnut Hill/Central). Great Deal! Terrific offices in Class A building near Northpark with views of downtown over lake with fountains. Convenient access to DART station. Prized, central location wherever you need to go in the Metroplex. Do business in a relaxed yet professional environment which includes administrative stations, conference room, kitchen, copier, phones, reserved garage parking, on-site restaurant and other amenities. A larger executive office and/or smaller offices/ flex space for as little as $500/month. Why not have a professional location for your business and quality of life at work? Please call (214) 373-0404 for details. Dallas High-Rise: All-Inclusive independent attorney ecosystem. Furnished window offices, dedicated workspaces, co-working space, virtual offices. Mail/ reception, conference rooms, coffee bar, media lounge. CLE/MGMT training, social events, instant referral network. Valet parking. 1st month free with 1-year agreement. Tour/info: (214) 865-7770. www.attorneyvenue.com.
POSITIONS AVAILABLE
Fifth District Court of Appeals. Part-Time Staff Attorney. Salary: $33,750 – up to $35,000. Closing Date: Open Until Filled. Responsible to work with one Justice doing legal research, analysis of legal issues, preparation of legal memoranda, and assisting with the preparation of complex civil and criminal opinions. Superior academic credentials and writing ability. Excellent analytical and research skills. A disciplined work ethic. Licensed Texas Attorney with minimum of six years of legal experience preferably appellate. Flexible work schedule. Excellent benefits. Please submit a State of Texas job application, resume, academic transcript, and writing sample to Gayle Humpa, 600 Commerce Street, STE 200, Dallas, TX 75202. Military Occupational Specialty Codes 27A & 250X. Please call for reasonable work place accommodations. Worth (214) 712-3434 EOE/AA Palmer & Manuel, LLP, a 14 attorney firm in Campbell Centre, seeks one or two experienced attorneys with established practices to join our family law team and/ or our general civil practice group. Work with us, not for us. Our formula based compensation system allows attorneys to keep a substantial portion of their fees. See our website at www.pamlaw.com or contact Steve Palmer or Rebecca Manuel at Worth (214) 242-6444. Deputy Field Director. ACT (Advocates for Community Transformation) is a rapidly growing non-profit justice organization using the legal system to empower inner-city residents to fight crime on their streets. Its vision is to see safe neighborhoods, where crime is no longer tolerated and dignity and hope are restored. ACT has an immediate opening for an Attorney to serve as the Deputy Field Director in their West Dallas office. This leadership position requires previous management, litigation, cross cultural and collaborative teamwork experience. For additional information, please visit ACT’s website at https://actforjustice.org/
join-our-team/attorney-and-deputy-fielddirector/. To apply, please forward your cover letter, resume, and references by email to recruitment@actdallas.org. Insurance Defense Paralegal. Small, AV rated, downtown Dallas defense litigation law firm has an immediate opening for an insurance defense paralegal with a minimum of 5 years’ experience. Paralegal certificate required, bachelor’s degree preferred. Hands on experience in 1st and 3rd party insurance claims, bad faith claims, preparation of discovery responses, docket and case management, coordination, review and summarization of medical records needed. Good working knowledge of Microsoft Office and DocsOpen also required. Applicant should be organized and a team player. Send resume and cover letter in confidence to BoxHolderClassified@dallasbar. org. Please reference Box #16-7. Litigation Attorney. Hall Render Killian Heath & Lyman PC; Dallas, TX. Hall Render is seeking an associate-level attorney in our growing Dallas office. Candidates should have two to four years of experience in general litigation matters, including commercial litigation. Experience in professional liability defense also preferred. Candidate must be licensed to practice in Texas. Hall Render is the nation’s largest law firm focused exclusively on providing a broad range of legal services to healthcare organizations. Interested applicants should apply online at www.hallrender.com/ careers. Hall, Render, Killian, Heath & Lyman is an equal opportunity employer. No phone calls please.
SERVICES
Energy Acquisition(s): I buy any size royalty(ies), mineral(s) , working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Brenda at 1-800760-9890 or Worth (214) 720-9890 for a friendly and quick analysis and response. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Trial Preparation Stress Relief: Licensed litigation attorney (20 years) available for hourly projects: court appearances, trial preparation, drafting pleadings/discovery/ motions, attending depositions, mediations. Large firm and complex litigation experience, first and second chair trials and arbitrations, law review. (972) 665-9834. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch. com. Wanda Smith, (972) 836-9091. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee
20 H e a d n o t e s l D a l l a s B a r A s s o ciation KM_HN 2016 Aug 10.25x15.75_dark.pdf
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KELLY MCCLURE – 100% FAMILY LAW Board Certified in Family Law by Texas Board of Legal Specialization, Kelly McClure is an aggressive, yet practical lawyer. McClure offers over 25 years of experience in handling significant property, child custody, complex family law matters and pre- and post-nuptial agreements. McClure’s passion for family law, matched with her tax law background, provides an outstanding combination. • D Best Lawyers in Dallas (12 consecutive years)
• D CEO Women Leaders in Law
• President, Dallas Bar – Family Law Section • Most Dynamic Women of Dallas
• Texas Super Lawyers (12 consecutive years)
• Top 50 Women Attorneys in Texas • Top 100 Attorneys in Texas
• Outstanding Young Lawyer of Dallas
HIGHLAND PARK/DALLAS 214.692.8200 COLLIN COUNTY
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