Dallas Bar Association
HEADNOTES January 2019 Volume 44 Number 1
Focus Torts & Insurance Practice
Laura Benitez Geisler: DBA’s 110th Bill Holston to Receive 2019 MLK Justice Award and First Hispanic President BY ALEX FARR
When Laura Benitez Geisler is sworn in as the 110th President of the Dallas Bar Association (DBA) on January 12, 2019, she will be the first Hispanic member to assume the role. Ms. Geisler, of the Geisler Law Firm, will lead the DBA after more than a decade of service to the organization, both on its Board of Directors and in other capacities. “Through the 20 years of watching and working with Laura, I can tell you that no one cares more about our profession, its leadership, and success. And no one has been more prepared to assume the DBA presidency,” said immediate past President Michael Hurst, partner at Lynn Pinker Cox & Hurst, LLP. “Laura’s natural Laura Benitez Geisler and practiced leadership qualities include her charisma, passion, heart, energy, and experience.” Ms. Geisler was raised in Corpus Christi. Recounting her childhood, she said “I always tried to renegotiate every rule that I found arbitrary— like bedtime—which frequently led to the comment that I would ‘make a good lawyer.’ I really took it to heart.” After majoring in Criminal Justice at the University of Texas at San Antonio, she came to Dallas to pursue her J.D. at SMU Dedman School of Law, serving on the SMU Law Review and interning for Judge Jorge Solis and at the Texas Supreme Court with Justice Craig Enoch. Ms. Geisler knew she wanted to spend her legal career in the courtroom and, after an unconventional interview with Ralph “Red Dog” Jones in which she attended a meeting with an expert witness and a client (all the while being evaluated on her interactions), she was invited to join the firm—thus began her career as a personal injury attorney. Ms. Geisler took on meaningful roles in significant cases from the very start. And Red Dog turned into a great mentor (and later partner) to Ms. Geisler—it was he who convinced her to participate in the first Dallas Association of Young Lawyers (DAYL) Leadership Class in 1997. From there Ms. Geisler was hooked on active involvement with the bar. “I really enjoyed participating in bar association programs and activities, meeting new people and fellow practitioners, strengthening my practice and skills, and, most importantly, forming lifelong friendships,” said Geisler. She served as President of the Dallas
Women Lawyers Association (DWLA) in 2003 and DAYL President in 2007. She was elected to the DBA Board in 2008 while assisting Justice Douglas Lang of the Fifth Court of Appeals with the Transition to Law program to help first year lawyers make the leap from student to practicing attorney. Indeed, one of Ms. Geisler’s passions is helping mentor young lawyers to become successful practitioners. This year she is working on the development of a “legal incubator” program for new attorneys to take on modest means representations while learning practical skills about how to run a business as a lawyer. Having started her own firm, Ms. Geisler has a first-hand understanding of the challenges of balancing one’s practice and client demands with running a business and everyday life—a balance she appears to have mastered herself: she has been named in numerous “Best Lawyer” lists in the field of personal injury including “Best Lawyers in America,” “Best Attorneys in Texas,” and “Best Lawyers in Dallas” and Texas “Super Lawyers” among other accolades. In addition to her DBA Board service, Ms. Geisler was also Co-Chair for the 2014-2015 Equal Access to Justice Campaign benefitting the Dallas Volunteer Attorney Program, in which she helped raise over $1.1 million to provide pro bono legal services to low income Dallas County residents. “I believe the Dallas Bar Association is truly unique and among the strongest and most active bar associations in the country,” she said. “I intend to continue the tradition of preserving the DBA’s unparalleled assets and resources.” Judge Martin L. Hoffman, of the 68th District Court, said of Ms. Geisler “Laura has been a hard working visionary leader in the Dallas legal community for a long time. Her role in starting the DAYL Judicial Intern program has helped thousands of law students learn more about our Dallas judicial system. Laura’s program on the “Independence of the Judiciary” will highlight this important issue. Laura’s dedication and leadership makes her well suited for the herculean task of President of the Dallas Bar.” Rob Crain, a partner at Crain, Lewis, Brogdon, LLP and past DBA President said “Serving others is Laura’s passion; whether directed professionally, continued on page 10
BY BETH M. JOHNSON
This January, the Dallas Bar Association will honor Bill Holston, Executive Director of the Human Rights Initiative of North Texas, Inc. (HRI), with the 2019 Martin Luther King, Jr. Justice Award, which recognizes area leaders whose service to the community embodies the example of Dr. King. One cannot help but notice the plight of the immigrant and refugee communities in today’s news. Among their many other concerns and daily needs, these immigrants and refugees find themselves attempting to navigate a complex legal system. Bill Holston and Bill Holston HRI provide guidance and aid to help smooth that path. HRI is a nonprofit organization that provides legal assistance to refugees and immigrants in the North Texas area who are the victims of human rights abuses. It was founded in 1999 by attorney Elizabeth “Betsy” Healy and social worker Serena Simmons Connelly. An Alabama native sporting a bow-tie, Bill Holston graduated high school in Texas, where he also attended undergrad (UT Dallas) and law school (SMU). Before joining HRI in 2012, his career had been focused on commercial trial work as a partner of Sullivan and Holston Law Firm. While he found commercial litigation to be intellectually stimulating, his pro bono immigration work provided a more meaningful reward. Working in immigration gives Holston the opportunity to change the lives of his clients, as well as those whose lives his clients touch. Holston is inspired by the asylum seekers’ stories and their strength to persevere through their tribulations. Holston has described the work as “the most fulfilling part of [his] life outside [his] family.” “Our clients come to America with nothing but the clothes on their backs. They are prohibited from working and not entitled to government benefits but have taken huge risks so they have a
chance at freedom and safety in our country,” said Holston. “Our new challenges include providing social services to clients through our pro bono lawyers, doctors, and other volunteers. We need to provide increasing social services especially given the huge backlog of cases in Immigration Court.” Along with other members of the DBA, Holston volunteered his services at DFW Airport when the travel ban was instituted. He traveled to Paris, Texas, along with many other legal volunteers and legal service organizations, to help immigrants affected by one of the largest ICE raids in recent history. With his talented team at HRI, he has been working to help the children separated from their immigrant parents at the border. Holston also promotes collaboration with other area groups providing related services through a collaborative program called the Force for Immigrant Rights & Empowerment (FIRE) Coalition to help share resources and spread information through the community. Since the mid-1980s, Holston has been providing pro bono services for political and religious asylum applicants from 21 countries, helping clients navigate the legal system, and learning about human rights efforts in other countries. Through his work with HRI, Holston has tried multiple asylum trials. In 2005, HRI awarded Holston with the Angel of Freedom Award. In 1997, he received the Outstanding Political Asylum Lawyer Award from the Dallas Bar Association, and in 2002, he received an award for Distinguished Pro Bono Service Award from the Dallas Volunteer Attorney Program. In 2015 Mr. Holston was recognized as a Distinguished Alumni for Public Service by the SMU Dedman School of Law. Additionally, he has authored commentaries and editorial on human rights issues for KERA 90.1 continued on page 16
Inside 6 Crain Lewis Brogdon Supports Equal Access to Justice 8 DVAP’s Chris Reed-Brown Retires 18 Lawyers and Happiness - A Pragmatic Discussion 23 A Case for Sidelining Dangerous Doctors
DBA MEMBER REMINDER – RENEW ONLINE TODAY! 2019 DBA DUES must be received by the end of the month to continue receiving your member benefits! Mail in your payment or go online and click on Renew Your Membership NOW! Thank you for your support of the Dallas Bar Association!
2 He a d n o t e s l D a l l a s B a r A s s o ciation
January 2019
Calendar January Events FRIDAY CLINICS
JANUARY 11-NORTH DALLAS** Noon
Alternative Dispute Resolution Section “What You Need to Know About UNT Dallas College of Law,” Lis Bulmash, Akbar Kabani, John DeGroote, and moderator Al Ellis. (MCLE 1.00)* At UNT Dallas College of Law.
Real Property Law Section “Case Law Update,” David A. Weatherbie. (MCLE 1.00)*
Peer Assistance Committee
Senior Lawyer Committee
Information in a Digital Age,” Jessica Hoffmann. (Ethics 1.00)*
DAYL Membership Committee
Solo & Small Firm Section “How Special Masters Can Help in eDiscovery and Complex Technology Litigation,” Peter Vogel. (MCLE 1.00, Ethics 0.50)*
Noon
Antitrust & Trade Regulation Section Topic Not Yet Available
Blockchain Law Study Group Topic Not Yet Available
Entertainment Committee
Dallas Bar Foundation Board Meeting
DAYL Elder Law Committee
“Legal Writing,” Jason Steed. (MCLE 1.00)* 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 yhinojos@dallasbar.org. “Wrongful Convictions & Actual Innocence,” Cynthia Garza, Daryl Parker, and Cheryl Wattley. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org.
JANUARY 25-OAK CLIFF Noon
“Ethics of Attorney Advertising,” Christine Tamer. (Ethics 1.00)*. Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org.
TUESDAY, JANUARY 1
DBA Offices Closed in Observance of New Year’s Holiday
WEDESDAY, JANUARY 2 Noon
Employee Benefits & Executive Compensation Law Section Topic Not Yet Available
THURSDAY, JANUARY 3 Noon
Construction Law Section “Immigration Enforcement and ICE Audits in the Construction Industry: Are WE at Risk?” Courtney B. Sheaffer. (MCLE 1.00)*
DAYL Legislative Preview
St. Thomas More Society
Admissions & Membership Committee
Public Forum/Media Relations Committee
DAYL Lunch & Learn CLE
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org. 5:30 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available
FRIDAY, JANUARY 4
THURSDAY, JANUARY 10 Noon
CLE Committee
MONDAY, JANUARY 7
Criminal Justice Committee
Judiciary Committee
Publications Committee
Christian Lawyers Fellowship
Noon
Noon
Government Law Section planning meeting
Tax Law Section “Tax Incentivized Opportunity Zone Program,” Chris Compton and Brandon Jones. (MCLE 1.00)*
TUESDAY, JANUARY 8 Noon
Business Litigation Section “Anti-SLAPP in 2019 – A Workshop Addressing New Topics to Watch for the New Year,” David Coale, Joshua Sandler, and Hon. Gena Slaughter. (MCLE 1.00)*
Immigration Law Section “Public Charge,” Amy Hsu. (MCLE 1.00)*
Mergers & Acquisitions Section Topic Not Yet Available
Tort & Insurance Practice Section Topic Not Yet Available
Home Project Committee
Legal Ethics Committee
Morris Harrell Professionalism Committee
5:30 p.m. Retirement reception in honor of Chris Reed-Brown 6:00 p.m. DAYL Board of Directors Meeting
J.L. Turner Legal Association
WEDNESDAY, JANUARY 9 Noon
Family Law Section “Are You Text Savvy? Protecting Client
MONDAY, JANUARY 14 Noon
JANUARY 18-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
FRIDAY, JANUARY 11
North Dallas Friday Clinic “Legal Writing,” Jason Steed. (MCLE 1.00)* 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 yhinojos@dallasbar.org. Trial Skills Section “Masters of the Courtroom: Things I Know Now That I Wish I Had Known Then,” Charla Aldous, Brian P. Lauten, Dick Sayles, and Jeff Tillotson. (MCLE 1.00)* DAYL Assisting Lawyers in Transition Program
SATURDAY, JANUARY 12
6:30 p.m. Inaugural of DBA President Laura Benitez Geisler. Tickets available online at https://sbush26. wixsite.com/dbainaugural2019. Tickets: $175/ Tables: $1,750/Judiciary: $125
Noon
Friday Clinic-Belo “Wrongful Convictions & Actual Innocence,” Cynthia Garza, Daryl Parker, and Cheryl Wattley. (MCLE 1.00)* RSVP to yhinojos@dallasbar.org.
DAYL Lawyers Against Domestic Violence
MONDAY, JANUARY 21 Noon
Martin Luther King, Jr. Justice Award Luncheon Recipient: Bill Holston. RSVP to bavina@dallasbar.org.
TUESDAY, JANUARY 22 Noon
Probate, Trusts & Estates Law Section Topic Not Yet Available
Courthouse/Library Committee
DBA CSF Board of Directors Meeting
American Immigration Lawyers Association
International Law Section Topic Not Yet Available
DAYL Lawyers Promoting Diversity
Community Involvement Committee
Noon
Collaborative Law Section “Expert Tips and Tricks for Dividing Employee Benefits and Drafting QDROs in Collaborative Divorces,” Raechel Parolisi. (MCLE 1.00)*
Entertainment, Art & Sports Law Section “Rock of Aging: Working With Celebrity Music Estates,” Kenneth Abdo. (MCLE 1.00)*
DVAP New Lawyer Luncheon. For more information, contact griffinh@lanwt.org.
TUESDAY, JANUARY 15
WEDNESDAY, JANUARY 23
3:30 p.m. Judicial Investiture for Hon. Audrey Moorehead 6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, JANUARY 16 Noon
Energy Law Section “Drones in the Oilpatch,” Joe Dancy. (MCLE 1.00)*
Health Law Section “Disclosures to the Government: Whether, When, Why and What to Expect,” Frank Sheeder. (MCLE 1.00)*
Law in the Schools & Community Committee
Pro Bono Activities Committee
DAYL/DWLA Women’s Mentoring Circles
Non-Profit Law Study Group
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group Noon
FRIDAY, JANUARY 18
5:15 p.m. LegalLine. Volunteers needed. Contact sbush@ dallasbar.org.
THURSDAY, JANUARY 17 Noon
Appellate Law Section Topic Not Yet Available
Minority Participation Committee
Christian Legal Society
DAYL Animal Welfare Committee
Dallas LGBT Bar Association
3:30 p.m. DBA Board of Directors Meeting
Thank You Donors!
THURSDAY, JANUARY 24 Noon
Criminal Law Section “Thoughts on Criminal Justice by District Attorney John Creuzot.” (MCLE 1.00)
Environmental Law Section Topic Not Yet Available
Intellectual Property Law Section “Quantum Computing and Block Chain Technologies – Patent Law Perspectives,” Michael Henry and Azz Siddiq. (MCLE 1.00)*
DAYL Pro Bono Partners CLE
FRIDAY, JANUARY 25
8:00 a.m. Tax Law Section “Tax Law in a Day – A Survey of Tax Law Basics.” (MCLE 8.00, Ethics 1.50)* Register at www.texastaxsection.org. Noon
Oak Cliff Friday Clinic “Professional Grievances in 2018: The Same Old Brand New Ballgame,” Jason Friedman and Jeanne Huey. (Ethics 1.00)* Oak Cliff Chamber of Commerce, 1001 N Bishop Ave, Dallas. RSVP to yhinojos@dallasbar.org.
DAYL Deal Boot Camp Committee
MONDAY, JANUARY 28 Noon
Corporate Counsel/Securities Sections “2019 Proxy Season Update,” Jim O’Bannon. (MCLE 1.00)*
Science & Technology Law Section Topic Not Yet Available
Golf Tournament Committee
TUESDAY, JANUARY 29 Noon
DVAP CLE “Will and Powers of Attorney Drafting,” Brandy Baxter-Thompson. (MCLE 1.00)*
WEDNESDAY, JANUARY 30 Noon
DAYL Equal Access to Justice Committee
Municipal Justice Bar Association
3:30 p.m. Judicial Investiture for 5th District Court of Appeals Justices Robert Burns, Cory Carlyle, Robbie Partida-Kipness, Ken Molberg, Erin Nowell, Leslie Lester Osborne, Bill Pedersen, and Amanda Reichek
THURSDAY, JANUARY 31 Noon
DAYL CLE Committee
FRIDAY, FEBRUARY 1 Thank you to all of our Equal Access to Justice Campaign donors who attended the Bachendorf’s Reception. And thank you to Bachendorf’s for their continued support of the EAJ Campaign.
Noon
Friday Clinic-Belo Topic Not Yet Available
DAYL Assisting Lawyers in Transition Program
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Alicia Hernandez at (214) 220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Grecia Alfaro at the DBA office at (214) 220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact yhinojos@dallasbar.org.
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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
January 2019
President’s Column
Headnotes
The Importance of Asking “Why?” BY LAURA BENITEZ GEISLER
Like many children, my daughter Erika went through a “why?” phase, when her natural curiosity led to relentless interrogations all starting with “why?” (followed up with a dozen more questions “why” before starting a new line of interrogation). While I appreciated my toddler’s inquisitive nature, satisfying her insatiable curiosity was sometimes a challenge. There were times when I simply did not have the patience or energy for her “why” questions, especially when I did not know the answer. But I quickly realized that there were many questions I could not answer because I never contemplated “why.” It was an embarrassing self-revelation to discover how much I assumed “just because” without considering why or questioning my assumptions. So while there were times during Erika’s “why” phase that exhausted my patience and intellect, it prompted me to assume less and question more and I came to appreciate the varied perspective and deeper understanding that comes from asking why.
My “Why”
More recently (Erika is in college now), I was again reminded of the value and importance of asking why. Early last year I was discussing with a friend the time commitment that is required of the DBA President (it is significant). I was caught off guard when she asked me why I wanted to be DBA President. I was not surprised by the question itself given the context of our conversation, but I was uncomfortably surprised that I had not thought about “why” in a while. I have been active in the bar my entire legal career. It started in 1997 when I participated in the inaugural DAYL Leadership Class. I was President of DWLA in 2003 and DAYL in 2007. Immediately after my year as DAYL President ended, I started my first elected term as a DBA director and have been on the leadership track since 2015 when I served as Chair of the board. I have always enjoyed being active in the bar, but if I am honest there was probably a point along the way when I went on auto-pilot and I continued down this path without asking myself why. Auto-pilot may be an easy way to navigate, but it is still important to check the flight path and make sure you are heading in the right direction. As it turns out, being asked why I wanted to serve as DBA President last year was the best preparation for this year because it caused me to really think about my “why” and in doing so I gained a renewed sense of purpose, focus, energy, and excitement about this year.
My Reason Why, Is You.
The collective “you” have taught me to be a better lawyer and person. In doing so, you have inspired me to give back to the profession and community and have provided me with opportunities to do so. I could probably come up with a list of hundreds of reasons why, but here are just a few:
COME TO THE INAUGURAL OF Laura Benitez Geisler Saturday, January 12, 2019 The Omni Dallas Hotel
When I was a law student at SMU, your support of the Dallas Bar Foundation provided me with a stipend to clerk at the Texas Supreme Court. It demonstrated to me and other minority law students your commitment to diversity within the Dallas Bar. When I was a baby lawyer, you made me feel welcome when you introduced yourself at the Belo. I did not know anyone in the room and felt like an outsider. You made me feel like I belonged which made me want to return and be a part of this community. You mentored me. You were generous with your time when I sought your advice. You gave me unsolicited advice when you saw I needed guidance but did not know to ask. You have helped me develop my practice with business referrals and have taken good care of the clients I send to you. You enabled me to serve my clients better by educating me with your well prepared CLE presentations. I know that I could call or email you with follow up questions and you would graciously take the time to respond. Your generous donation of time and money to pro bono serves as a constant reminder that lawyers have a unique responsibility to ensure access to justice for all. Your good deeds inspire me to do more. Even though you are very busy, I know I can count on you to volunteer your time on projects that serve the profession and community. You recognize and value the DBA staff and show them the same respect and courtesy you do to your best client. Even though we may differ in gender, ethnicity, age, political affiliation, and practice area, we share a commitment to the profession and civility. My respect for you has helped me uncover and overcome biases I did not know I had because I got to know you as a person and not a stereotype. Because you stood on the shoulders of those who came before you, you helped me up to stand on yours, and now we stand side by side to boost those coming behind us. You have become my friends and are my DBA family. You are my “why.” Because of you I want to serve as the 110th DBA President, to give back to the people and community that has given me so much, and to ensure that future generations of lawyers will have reasons “why” they want to be part of this community.
What Is Your “Why”?
With over 11,400 members, 30 sections, and 30 committees, providing hundreds of hours of CLE, service opportunities and special projects, there are probably just as many different reasons why you might be a member. Whatever your reason, it has brought us together and connects us as a community in a special way. I hope you will take time to think of your DBA “why” and share it with me at laura.geisler@lbglawfirm.com. I promise to do my best to give back to you what you have given to me. HN
YOU ARE INVITED! M Ùã®Ä Lçã« Ù K®Ä¦ JÙ. LçÄ « ÊÄ Monday, January 21, Noon at the Belo MLK JusƟce Award to be presented to
William “Bill” Holston, Jr.
LOCAL Dallas
STEEL Restaurant & Lounge
Ritz Carlton Dallas
Hiatus Spa & Retreat
Chocolate Secrets
Tickets $175; Tables $1,750 | Judiciary $125 To reserve your ticket visit www.dallasbar.org! For more information, contact Shawna Bush at (214) 220-7453 or sbush@dallasbar.org.
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: Laura Benitez Geisler President-Elect: Robert L. Tobey First Vice President: Aaron Z. Tobin Second Vice President: Karen D. McCloud Secretary-Treasurer: Ashlei Gradney Immediate Past President: Michael K. Hurst Directors: Vicki D. Blanton, Jonathan Childers, Chalon Clark, Sakina Rasheed Foster, Charles Gearing (President, Dallas Association of Young Lawyers), Rocio García Espinoza, Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Audrey Moorehead, Kathryne Morris, Cheryl Camin Murray (Vice Chair), Erin Nowell (President, J.L. Turner Legal Association), Javier Perez (President, Dallas Hispanic Bar Association), Sarah Rogers (President, Dallas Women Lawyers Association), Mary Scott, Jason Shyung (President, Dallas Asian American Bar Associations), and Victor D. Vital Advisory Directors: Stephanie Gause Culpepper (PresidentElect, Dallas Women Lawyers Association), Isaac Faz (President-Elect, Dallas Hispanic Bar Association), Justin Gobert (President-Elect, Dallas Association of Young Lawyers), Andrew Spaniol (President-Elect, Dallas Asian American Bar Association), and Koieles Spurlock (President-Elect, J.L. Turner Legal Association) Delegates, American Bar Association: Rhonda Hunter, Mark Sales Directors, State Bar of Texas: Jerry Alexander, Rob Crain, David Kent, Gregory Sampson, and Brad Weber HEADNOTES Executive Director/Executive Editor: Alicia Hernandez Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Display Advertising: Tobin Morgan, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Andy Jones and Carl Roberts Vice-Chairs: James Deets and Beth Johnson Members: Timothy Ackermann, Logan Adcock, Wesley Alost, Stephen Angelette, Michael Barbee, David Black, Jason Bloom, Grant Boston, Andrew Botts, Emily Brannen, Jonathan Bridges, Amanda Brown, Angela Brown, Eric Buether, Casey Burgess, Cory Carlyle, Paul Chappell, Charles Coleman, Wyatt Colony, Shannon Conway, Natalie Cooley, Daniel Correa, G. Edel Cuadra, Jerald Davis, James Dockery, Elisaveta (Leiza) Dolghih, Angela Downes, Sheena Duke, Charles Dunklin, Alex Farr, Dawn Fowler, Juan Garcia, Britaney Garrett, Michael Gonzales, Andrew Gould, Jennifer Green, Kristina Haist, Susan Halpern, Bridget Hamway, Edward Harpole, Meghan Hausler, Jeremy Hawpe, Lindsay Hedrick, Marc Hubbard, Brad Jackson, Kristi Kautz, Thomas Keen, Daniel Klein, Michelle Koledi, Kevin Koronka, Susan Kravik, Jess Krochtengel, Dwayne Lewis, Margaret Lyle, Lawrence Maxwell, Jordan McCarroll, R. Sean McDonald, Kathryn (Kadie) Michaelis, Elise Mitchell, Terah Moxley, Daniel Murray, Jessica Nathan, Madhvi Patel, Keith Pillers, Kirk Pittard, Laura Anne Pohli, Luke Radney, Mark Rasmussen, Pamela Ratliff, David Ritter, F. Colby Roberts, Bryon Romine, Kathy Roux, Stacey Salters, Joshua Sandler, Matthew Sapp, Justin Sauls, Mazin Sbaiti, Mary Scott , Jared Slade, Thad Spalding, Jacob Sparks, John Stevenson, Scott Stolley, Elijah Stone, Amy Stowe, Adam Swartz, Ashley Swenson, Robert Tarleton, Paul Tipton, Michael Tristan, Tri Truong, Pryce Tucker, Adam Tunnell, Kathleen Turton, Peter Vogel, Suzanne Westerheim, Yuki Whitmire, Jason Wietjes, Sarah Wilson, Pei Yu DBA & DBF STAFF Executive Director: Alicia Hernandez Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Events Director: Rhonda Thornton Executive Assistant: Liz Hayden Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Mejia, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Marketing Coordinator: Mary Ellen Johnson Membership Director: Kimberly Watson Projects Director: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist: Grecia Alfaro Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Michelle Alden Managing Attorney: Holly Griffin Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Caporal, Tina Douglas, Andrew Musquiz, Joel Paniagua, Carmen Perales, Alicia Perkins, Star Rodriguez, Dominick Vallejo Program Assistant: Patsy Quinn Secretary: Debbie Starling
and bid on Packages from: Cooper Aerobics Center
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Copyright Dallas Bar Association 2019. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion.
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D al l as Bar A ssoci ati on l Headnotes 5
6 H e a d n o t e s l D a l l a s B a r A s s o ciation
January 2019
Crain Lewis Brogdon Continues Support for Equal Access to Justice BY MICHELLE ALDEN
$1 Million $900,000
$800,000
$700,000
Rob Crain, Chris Lewis, Quentin Brogdon
“Charlie” was charged with shoplifting, but the charge was dismissed over 10 years ago. Despite the dismissal, the charges continued showing up on background checks and made it difficult for him to get a job. With the help of his DVAP volunteer attorney, Charlie’s criminal record was expunged. As a result, Charlie was hired for the bus driving job he wanted. “We are blessed to have a successful law firm in Dallas. We are fortunate to be able to give back to the Dallas community by supporting the Campaign and assisting those who need it most,” said partner Chris Lewis. DVAP applauds Crain Lewis Brogdon for their continued support of pro bono legal services. The commitment of Dallas attorneys
and the DBA to the Equal Access to Justice Campaign is impressive. Since 1997, the DBA and Legal Aid have joined forces to raise money for the program, with Dallas lawyers donating almost $13 million. DVAP is a joint pro bono program of the DBA and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information, or to donate, visit www.dallasvolunteer attorneyprogram.org. HN Michelle Alden is the Director of the Dallas Volunteer Attorney Program. She can be reached at aldenm@lanwt.org.
To Give: www.dvapcampaign.org.
Crain Lewis Brogdon, LLP continues its impressive support of the Equal Access to Justice Campaign again this year, with a generous contribution of $30,000. The firm has been one of the most dedicated supporters of the Campaign, having donated more than $190,000 to legal aid for the poor since 2004. The Equal Access to Justice Campaign is the annual fundraising campaign which supports the activities of the Dallas Volunteer Attorney Program (DVAP). Crain Lewis Brogdon and DVAP share the common goal of helping people. While the firm focuses on assisting clients through personal injury and criminal defense cases, DVAP attorneys help clients in a myriad of civil matters, including custody matters, estate planning, and expunctions. “DVAP is there to help those who cannot afford to hire an attorney. Our firm supports DVAP in order to preserve access to the courthouse for all,” said Rob Crain, partner in the firm and former DBA President. Crain’s law partner Quentin Brogdon agrees, “A volunteer attorney can make a huge difference in a person’s life just by donating a few hours of their time to assist someone with a longstanding legal problem.” Some applicants have waited years to move forward with needed estate planning, probate, or divorce proceedings simply because they were not aware that DVAP is a resource available to them. By way of example, did you know that old criminal charges which have been dismissed routinely show up on background checks years later, making it difficult for people to get jobs? As a young man,
$600,000 $500,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $50,0000
Client Development —Speak at a DBA Program Interested in sharing your legal knowledge and expertise with your colleagues? The CLE Committee is looking for speakers and hot topics for the Friday Clinic programs it holds throughout the year. Please submit a short bio, title, and 2-3 sentence description of your presentation to yhinojos@dallasbar.org. Submissions will be discussed at monthly CLE Committee meetings.
Jan u a ry 2 0 1 9 â€
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
January 2019
Why We Love Chris Reed-Brown BY ELLEN SMITH PRYOR AND WILL PRYOR
In the spring of 1983, Merrill Hartman and Will Pryor sat across the table at lunch at the old Guadalajara’s (not the one that closed a few years ago, the one before that) on Ross Avenue from Chris Reed-Brown, the private bar involvement coordinator at what was then known as North Central Texas Legal Services. Merrill had received an inspiration to deliver pro bono legal services and was put in touch with Chris. Merrill had inspired Will to join him. They had no idea what they were doing. But Chris knew. A few weeks later, on a Tuesday night in May of 1983, at the Bethlehem Center on Pine Street in South Dallas, the South Dallas Legal Clinic (Merrill, Will, and Chris) was born. The following week Ellen Smith joined the team. So began one of the most successful pro bono projects in the history of the United States, which flourishes in multiple neighborhood legal clinics Dallas to this day and has been a model for pro bono projects all over the country for decades. It never would have happened without Chris Reed-Brown. Because there is no way to exaggerate how clueless we really were. We were well intentioned, for sure, but when it came to the nuts and bolts, to organizing, to setting up, to recruiting, to promoting, to managing clients and case files, and the myriad of tasks and details that make some improbable moment like this turn into something miraculous, it was always Chris who held it together. Here is what Chris says about the start and growth of the neighborhood legal clinics: “God just moved obstacles out of the way.”
Chris Reed-Brown
Chris understood the opportunities for and the needs of a neighborhood clinic. Chris created intake forms and an intake process. Every Tuesday night, Chris would interview prospective clients at the Bethlehem Center, give information to clients, and oversee the developments of the evening. She created a process for maintaining client files, and she arranged for professional liability insurance coverage for volunteer lawyers in connection with their work at the clinic. When Chris saw that the numbers of the clients and attorneys were outgrowing the space, she worked on relocating the clinic to the Martin Luther King, Jr. Community Center, and she obtained additional administrative support from Legal Services. Soon after this move, when Merrill was elected as a family law judge and thus became unavailable to serve as a lawyer, he and Chris worked out a system by which family law judges and court reporters came to the clinic for un-contested
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prove-ups. Even though new lawyers continued to volunteer, the needs of clients always outpaced the available attorneys. Chris saw better than anyone the need for constant attorney recruitment and training. She recruited lawyers from all over Dallas, from every type of practice. She helped make sure they obtained any type of training they needed. She encouraged, smiled, stayed hopeful, and made every volunteering attorney feel needed. We grew and grew and grew. We won awards. Stories were written. Videos were produced. And it grew some more. Thousands of people who had no hope and no chance received both, and justice was brought to the neighborhood. Merrill became a judge. Will became a judge. Will and Ellen got married! Other clinics in East Dallas and West Dallas were started. Hundreds of lawyers, law firms, paralegals, court reporters, and others joined in. It just kept growing! And throughout it all there was one constant—Chris Reed-Brown. The secret to her extraordinary talent at holding
this project together and nurturing it was her laughter. Chris made it all fun. There was chemistry to what we were doing and Chris was the chemist. Chris was always available to answer a question, make phone calls, and find backup support for the child-support hearing the next day that suddenly presented a conflict. For years and years it seems Chris has been threatening to retire. We never believed it. We still don’t believe it. Chris often claims to be much older than she appears. But Chris, if it’s true, congratulations! In our church we often recite a prayer that says, “thy kingdom come, thy will be done, on earth as it is in heaven.” When we encountered Chris Reed-Brown 35 years ago, and for all of the years of our astonishing friendship, we became witnesses to a tiny piece of the kingdom. HN Ellen Smith Pryor is Professor of Law at the UNT Dallas College of Law, and Will Pryor is a mediator and arbitrator in Dallas. They can be reached at ellen.pryor@untsystem.edu and wpryor@ willpryor.com, respectively.
CEL EBR AT E C HRI S RE ED-BR OWN AS SHE RETIRES FROM THE DALLAS VOLUNTEER ATTORNEY PROGRAM.
TUESDAY, JANUARY 8, 2019 5:30-7:30 P.M. THE BELO MANSION
Moms in Law Events JANUARY
Being a working mom can be challenging. Being a working lawyer mom can be a different ballgame with its own unique challenges. Moms in Law is going on its third year of being a no pressure, no commitment, informal, fun, support group for lawyer moms. The January events are: Friday, January 11: Noon, Chino Chinatown (Trinity Groves) Friday, January 25: 12:15 p.m., Ida Claire (Addison) RSVP to rfitzgib@gmail.com Email christine@connatserfamilylaw.com to join the Moms in Law email listserv.
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You are Invited to the following
Judicial Investitures:
Tuesday, January 15, 3:30 p.m. at the Belo Mansion Hon. Audrey Moorehead (County Criminal Court 3) Wednesday, January 30, 3:30 p.m. at the Belo Mansion 5th District Court of Appeals Justices Robert Burns, Cory Carlyle, Robbie Partida-Kipness, Ken Molberg, Erin Nowell, Leslie Lester Osborne, Bill Pedersen, and Amanda Reichek
Jan u a ry 2 0 1 9 â€
D al l as Bar A ssoci ati on l Headnotes 9
10 H e a d n o t e s l D a l l a s B a r A s s ociation
Focus
January 2019
Tort & Insurance Practice
Additional Insured Coverage: Know Your Limitations BY ASHLEY MASON AND SAMANTHA HALPERN SHEEHAN
Commercial contracts frequently require additional insured coverage as a means to transfer the risk of liability in the event of an accident. As additional insured endorsements are not all created equal, it is critical to understand the scope of coverage provided, which depends, in large part, on the policy language. The Texas Supreme Court, however, has also made clear that the scope of additional insured coverage may also be limited by the terms of the underlying contract. Thus, understanding additional insured coverage requires close examination of the contract, the additional insured endorsement, and “other insurance” provisions—diligence that parties rarely undertake until a claim results. Additional insured coverage is often granted through blanket endorsements that provide coverage where required by contract or agreement. Other additional insured endorsements specifically identify the person or entity by name. Insurance Services Office (ISO) forms commonly provide the industry standard for policy language. However, certain insurers use their own endorsements with language that deviates from the ISO forms. The language of an additional insured endorsement is critical to the
scope of coverage. Over time, ISO forms have changed to require varying degrees of causation to trigger additional insured coverage. For example, the 2001 ISO forms extended broad coverage for liability “arising out of” the named insured’s acts or omissions. The 2004 ISO forms, however, removed the “arising out of” language and limited coverage to damage “caused in whole or in part by” the named insured’s acts or omissions. Whereas “arising out of” has been interpreted as covering liability that would not have occurred “but for” the named insured’s negligence, the “caused in whole or in part by” language narrows coverage to liability proximately caused by the named insured’s negligence. The 2013 ISO forms maintained the “caused in whole or in part by” language but added language that may require analysis of the controlling state’s law on anti-indemnity and the underlying contract to determine the scope of coverage. Specifically, the 2013 endorsements restrict additional insured coverage to the extent permitted by law. Further, the 2013 endorsements provide that to the extent additional insured coverage is provide by contract or agreement, the insurance afforded to the additional insured will not be broader than that which the named insured is required to provide to the additional insured by contract or agreement. Similarly, other
DVAP’s Finest JOHN VANBUSKIRK
How did you first get involved in pro bono?
UNT Dallas College of Law is committed to community engagement, so they invited Chris ReedBrown from DVAP to the law school to give some of the students an orientation. Ten days after starting law school, I assisted at my first DVAP legal intake clinic, and I was hooked. I helped with 31 DVAP clinics in my 1L year. During law school, I completed 800 pro bono hours, and the one place I kept returning to was DVAP. Describe your most compelling pro bono case.
When I was a law student, one exceptional case involved a homeless quadriplegic who needed to find a representative payee, because the one he had was collecting the money and keeping it, not using the money for the disabled person’s benefit. I was very glad to be part of DVAP, to be able to give him a chance to keep his money. When I first became a licensed attorney, a lady came in to the Wills Clinic because her husband had recently died intestate, and she saw what not having a will does to a family. She cried throughout the entire clinic, and I took her case to make sure she had the peace of mind of having an estate plan in place. Why do you do pro bono?
It’s the right thing to do. I have encountered landlords illegally retaining security deposits, a spouse refusing to honor a court order for visitation, a spouse needing to leave an abusive relationship, someone who needed an expunction just so he could get a job and housing, and the list goes on. It feels good to stick up for people who have been bullied just because they can’t afford an attorney. What is the most unexpected benefit you have received from doing pro bono?
Pro bono work is like the gift that keeps on giving. As a student, the application of the laws helped me understand the law better. Once I had a lady hug me, just because I was the first person who had listened to her legal issue— one has to derive a great feeling of warmth from helping another person. The ability to hone skills in different areas at my own pace is a wonderful way to perfect legal knowledge.
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
endorsements state that the insurer will pay the amount required by contract or agreement or the amount available under the applicable limits of insurance, whichever is less. As the 2013 ISO forms are intended to align the scope of additional insured coverage with the underlying contract, it is even more critical that the contract clearly set forth the additional insured requirements contemplated by the parties. While the focus of this article has been largely on the impact of policy language, the contract language itself is still important, as it may include additional requirements and/or limitations on additional insured coverage. For example, the contract may limit coverage to ongoing operations, to the scope of that party’s indemnity obligations, or only require that the insured maintain additional insured coverage for a certain number of years. Thus, careful review of the underlying contract is a crucial first step. Even after additional insured status is confirmed, a secondary—albeit often litigated—question may arise with respect to how the risk should be allocated between the party’s own liability policy and the policy under which it is an additional insured. The language of the “other insurance” clauses generally control which policy affords primary coverage; however, as mentioned above, the additional
insured endorsement may incorporate the terms of the underlying contract. Further, where the “other insurance” clauses conflict, pro rata apportionment among the policies may be necessary. In determining whether a conflict exists, the Texas Supreme Court established that courts must evaluate the impact that the “other insurance” provisions would have on the insured’s coverage when read together. As a matter of public policy, Texas courts construe “other insurance” clauses to avoid gaps in coverage. However, if the parties intend that the additional insured coverage be primary and noncontributory, such terms should be clearly delineated in the underlying contract and by endorsement in the named insured’s policy to avoid litigation over priority of coverage. In sum, it is essential to review the additional insured endorsements procured before a claim arises. Moreover, if additional insured coverage is provided where required by a written contract or agreement, the parties should be mindful of limitations and/ or requirements in the contract that also restrict coverage. HN Ashley Mason is a partner, and Samantha Halpern Sheehan is an associate at Thompson, Coe, Cousins & Irons, LLP’s Dallas office. They can be reached at amason@ thompsoncoe.com and shalpern@thompsoncoe.com, respectively.
Laura Benitez Geisler: DBA’s 110th and First Hispanic President CONTINUED FROM PAGE 1
personally, or toward the community, her impact is transformative and long-lasting. I seriously doubt a day goes by without Laura, or one of her initiatives, changing a person’s life for the better. At its core, the DBA is a service organization—Laura epitomizes what we are all about.” In addition to the Legal Incubator and Independence of the Judiciary programs, Ms. Geisler intends to develop a series of “Life Skills for Lawyers” programs presented in a “TED Talk” style format to address daily practical challenges of practice not taught in law school, including “soft-skills” like assessing and identifying personal strengths and weaknesses, communication skills and overcoming mental obstacles. She also plans to host a technol-
ogy summit on a broad range of technology-related topics for attorneys to learn about the rapidly changing ways technology will impact their practices. Ms. Geisler is also developing a joint program with DWLA to assist women lawyers seeking to “re-enter” the profession after taking a break from practicing for family or other circumstances and is forming a young lawyer Presidential Advisory Committee to help identify the issues and concerns of the next generation of lawyers. Ms. Geisler will be inaugurated as the DBA’s 110th President on Saturday, January 12, 2019. Tickets are available at www. dallabar.org. HN Alex Farr, an associate at Weil, Gotshal & Manges LLP, is Immediate Past Co-Chair of the DBA Publications Committee. He can be reached at alex.farr@weil.com.
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D al l as Bar A ssoci ati on l Headnotes 11
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12 He a d n o t e s l D a l l a s B a r A s s ociation
Column
January 2019
Ethics
Expert Witness Consultations and Engagements BY ANDY COX
In personal injury cases, early consultation with and engagement of the best possible experts in the field are critical steps to success. But is an ethical line crossed when the expert consultation or engagement is made not to advance the prosecution or defense of one’s own case, but solely to deprive one’s opponent of obtaining competent expert testimony for his? The Texas Professional Ethics Committee (the Committee) answered this question in Ethics Opinion No. 676, which concluded, “The Texas Disciplinary Rules of Professional Conduct prohibit a lawyer from retaining an expert or disclosing confidential information to a prospective expert when the lawyer has no substantial purpose other than
to attempt to disqualify or otherwise prevent the expert from being used by, including testifying on behalf of, an opposing party.” Professional Ethics Opinion 676 (August 2018). See Texas Bar Journal, Vol. 81, No. 9, pp. 703-704 for the complete text of the opinion. The Committee concluded that the practice of retaining an expert or intentionally disclosing confidential information to a prospective expert solely to prevent that expert from being engaged by an opponent violated Rule 4.04(a) of the Texas Disciplinary Rules of Professional Conduct, which provides, “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of
Need Referrals? Take out an Area of Practice and/or Foreign Language Proficiency listing in the 2019 DBA Member Directory to get great exposure for your practice. For just $25 per listing you will be included in both the printed and online DBA Member directory. Listing Cost: $25.00 For more information and an order form contact Judi Smalling at jsmalling@dallasbar.org or (214) 220-7452.
2019 INAUGURAL OF Laura Benitez Geisler A T T HE O MNI D ALLAS H OTEL
Saturday, January 12, 2019 The Dallas Bar Association will inaugurate its 110th President, Laura Benitez Geisler at the inaugural ball on Saturday, January 12. The black-tie ball will include dinner, live music, and a silent auction. Cocktails 6:30 p.m. | Dinner 7:30 p.m. Tickets $175; Tables $1,750 | Judiciary $125 Purchase your tickets at www.dallasbar.org. For more information, contact Shawna Bush at (214) 220-7453 or sbush@dallasbar.org.
such a person.” Tex. Disciplinary R. Prof’l Conduct 4.04(a). The Committee reasoned that this practice could in some cases impede a party from obtaining a qualified testifying expert, either because the expert has already been retained by the opposing side, or because the expert would be disqualified from working for the party because the opposing party had revealed confidential information to the expert. Although this practice may not burden a party in some cases, it could in those cases where a party needs expert testimony to prosecute or defend the case and “when only a small number of individuals possess the expertise necessary to provide informed and credible assistance including testimony on a given subject.” In reaching its conclusion, the Committee followed the reasoning and conclusion of Professional Ethics Opinion 585 (September 2008). In that opinion, the Committee concluded “a lawyer would violate Rule 4.04(a) by counseling a client to hire all the local lawyers in a community where a lawsuit is filed if the lawyer had no substantial purpose other than to delay or burden the opposing party.” The Committee clarified that a violation of Rule 4.04(a) does not turn on whether it resulted in actual burden to another person, as for example, where prior consultation with an expert for the sole purpose of disqualifying that expert from working for an opponent does not actually result in disqualification of the expert. “As Opinion 585 states, ‘if the only substantial purpose for a lawyer’s actions in a particular
case is to embarrass, delay or burden another person, such conduct violates Rule 4.04(a) without regard to whether the other person was actually embarrassed, delayed or burdened.’” To be sure, consulting with more than one expert on a given subject matter, even when a lawyer has already retained an expert in the area, does not, alone, run afoul of Rule 4.04(a): “It is not necessarily improper for a lawyer who has already retained an expert to interview additional experts on the same topic, provided the lawyer actually is considering using additional experts in the case.” An example is the pure consulting expert. The mental impressions and opinions of a pure consulting expert are often highly valuable to a trial lawyer and the propriety of obtaining them has been so recognized that, generally, they fall within the scope of the work product privilege. See Tex. R. Civ. P. 192.5(a); Tex. R. Civ. P. 192.3(e). The essential inquiry under Tex. Disciplinary R. Prof’l Conduct 4.04(a) is whether the lawyer’s only substantial purpose for retaining or disclosing confidential information to an expert is to delay or burden another person. The Committee concluded that inquiry “depends on the circumstances and is a question of fact to be decided in each case.” In short, lawyers are free to consult with, and engage, as many experts as they need to support their case, so long as they are not doing so solely to burden or delay an opponent. HN Andy Cox is a partner at Burford & Ryburn, L.L.P. He may be contacted at acox@brlaw.com.
Jan u a ry 2 0 1 9
D al l as Bar A ssoci ati on l Headnotes 13
THANK YOU
Dallas Legal Community for Giving Back!
HANDS If you support UP! Equal Access to Justice CHAMPION OF JUSTICE ($50,000) Debra & E. Leon Carter PRESIDENT’S COUNCIL ($30,500) Jerry & Sherri Alexander Connatser Family Law Crain Lewis Brogdon, LLP Hartline Dacus Barger Dreyer LLP CHAIRMAN’S COUNCIL ($25,500) Anonymous Foundation Lisa Blue & Jeff Tillotson GOLD PATRON ($20,000) Margaret & Jaime Spellings
DIAMOND ($15,500) AT&T Dallas Association of Young Lawyers Mike A. Myers
PLATINUM ($10,500) Akin Gump Strauss Hauer & Feld LLP GOLD ($5,500)
American Academy of Matrimonial Lawyers, Texas Chapter Anonymous Baker McKenzie Balch & Bingham LLP Baron & Budd, P.C. Condon Tobin Sladek Thornton PLLC Drinker Biddle & Reath LLP Eberstein & Witherite, LLP Enoch Kever PLLC Fish & Richardson Gary & Donna Fowler Gibson Dunn & Crutcher LLP Greenberg Traurig, LLP Husch Blackwell LLP Katten Muchin Rosenman LLP Kilpatrick Townsend & Stockton LLP Koning Rubarts LLP McDermott Will & Emery LLP McKool Smith Robert T. Mowrey Jeff & Annette Patterson Perkins Coie LLP Will & Ellen Pryor Real Property Section Sheppard Mullin Hon. Lewis R. Sifford The Nancy & John Solana Advised Fund of the Dallas Foundation Robert L. Tobey Timothy R. Wallace White & Case LLP
SILVER ($2,750)
Alston & Bird LLP Roger Bivans & Sarah Donch Bracewell LLP Cameron Smith Law, PC Carrington, Coleman, Sloman & Blumenthal, L.L.P. Jonathan R. Childers Clark Hill Strasburger Nina Cortell DFW Association of Young Bankruptcy Lawyers Frost Bank and Frost Insurance Agency Paul R. Genender Godwin Bowman, PC Hunton Andrews Kurth LLP Michael L. Jones K&L Gates LLP
PLATINUM ($10,500) Baker Botts L.L.P. Business Litigation Section Corporate Counsel Section Deans & Lyons, LLP The Hartnett Law Firm Haynes and Boone Foundation Jackson Walker LLP Jones Day Kastl Law, PC Kirkland & Ellis LLP Latham & Watkins LLP Locke Lord LLP Mike McKool Schiff Hardin LLP Sidley Austin LLP Thompson & Knight Foundation Trinity Industries Vinson & Elkins LLP Vistra Energy Winston & Strawn LLP SILVER ($2,750)
Hon. Ron Kirk Mark L. Johansen John & Lacy Lawrence Thomas S. Leatherbury & Patricia J. Villareal Mary Kay, Inc. Daniel J. Micciche Securities Section Shackelford, Bowen, McKinley & Norton, LLP Helen & Frank Stevenson Tax Section Trial Skills Section Wick Phillips LLP Winstead PC
BRONZE ($1,500)
Anonymous Deborah Ackerman Rev. Andy McCarthy & Samara Kline Kim J. Askew Vicki D. Blanton Hon. Mary Brown William D. Cobb, Jr. Robert Cohan Diane P. Couchman Gayla Crain Sally Crawford Crockett, McBride & Associates at Merrill Lynch Wealth Management Dunn Sheehan LLP Tim Durst David W. Elrod Employee Benefits/Executive Compensation Section Energy Law Section Estes Thorne & Carr PLLC Hon. Royal Furgeson & Marcellene Malouf Hilda C. Galvan Gray Reed & McGraw PC Health Law Section Hedrick Kring, PLLC Holland & Knight LLP J.L. Turner Legal Association J. Mark Hollingsworth Michael K. Hurst Amb. Robert W. Jordan Michael A. Krywucki Lewis LeClair Jeffrey S. Levinger Littler Mendelson P.C Bill & Sondi Mateja
Dear Citizens of Dallas: The Equal Access to Justice Campaign is an annual fundraising drive benefiting the Dallas Volunteer Attorney Program. The Dallas Volunteer Attorney Program, or DVAP, is a free, civil legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas. Through DVAP, over 3,000 volunteers donate their time and legal skills to help low-income people in Dallas resolve their legal problems. Those who have bravely served our country, innocent children, the elderly, and the disabled are some of the many people DVAP helps every day. The support of our donors is more important now than ever. Over 600,000 people in Dallas County already qualify for DVAP’s help, while the number of people living in poverty continues to grow. Please join us in thanking our generous donors for their support of access to justice for all.
Laura Benitez Geisler DBA President
Robert L. Tobey DBA President-Elect
2019 Equal Access to Justice Co-Chairs Krisi N. Kastl Campaign Co-Chair
Daniel J. Kelly Campaign Co-Chair
Kathryne M. Morris Campaign Co-Chair
Erin A. Nowell Campaign Co-Chair
Mary L. Scott Campaign Co-Chair
Julia A. Simon Honorary Co-Chair
BRONZE ($1,500)
Joey Messina E. Lee Morris Munsch Hardt Kopf & Harr, P.C. Hon. Mary Murphy Cheryl Camin Murray James & Lydia Perry Diana C. Robinson John Salazar Sayles Werbner PC Mary L. Scott Joe Stalcup Ashlie Alaman Stamper & Courtney Stamper Ross W. Stoddard, III Susman Godfrey L.L.P./Barry Barnett Sarah Teachout Jeffrey Trinklein Deborah Verbil Peter S. Vogel & Marguerite Burtis
SPONSORS ($1,000)
Anonymous Appellate Law Section Richard Arnold Hon. Anne Ashby Mark W. Bayer Bell Nunnally & Martin LLP Bloom Strategic Consulting Talmage Boston Monica Lira Bravo Joseph F. Bruegger Mary Burdin Richard Capshaw Trixie & David Carlock Deb & Scott Coldwell Construction Law Section Victor N. Corpuz Dallas Asian American Bar Association Dallas Women Lawyers Association Robert E. Davis Linda Dedman Cheryl Engelmann & Mark Dyslin Haseena Enu Farrow-Gillespie Heath Witter LLP Nancy & Gary Edd Fish Myrph Foote In Memory of Ken and Judy Fuller Kevin & Sharla Fuller Laura Benitez Geisler Mark W. Gilbert Don M. Glendenning
SPONSORS ($1,000)
Goranson Bain Ausley, PLLC Beverly Goulet Hon. Mark Greenberg Hamilton Wingo, LLP Jack W. Hawkins Elise Healy Joe & Annabel Hoffman Kathleen E. Irvin Jeeves Mandel Law Group, P.C. Darrell E. Jordan Dan Kelly Lawrence & Joan Kelly David C. Kent Hon. Elizabeth A. Lang-Miers Lauren Leahy Neel & Lynn Lemon Robert E. Luxen Elizabeth E. Mack Jacob Marshall John H. Martin Charles W. Matthews, Jr. Cristy & David McAtee Kelly McClure P. Mike McCullough, Jr. Harriet Miers Millennium Settlements Retta Miller Hon. Kenneth H. Molberg Pat Salcido Montes Hon. Audrey Moorehead Kathryne Morris Moseley Law, P.C. Erle Nye Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Emily A. Parker Troy Phillips Tino A. Ramirez Science & Technology Law Section Mark & Linda Siegel Simon Greenstone Panatier Bartlett, PC Barry Sorrels Pamela St. John Paul K. Stafford Richard G. & Sandra J. Stewart Dena DeNooyer Stroh Karen & Mike Tankersley Webb Family Law Firm, P.C. Joel & Terilyn Winful Donors as of December 12, 2018
To donate to the campaign, visit www.dvapcampaign.org. To learn more about DVAP, visit www.dallasvolunteerattorneyprogram.org. For more information, contact Michelle Alden at aldenm@lanwt.org or (214) 243-2234.
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
January 2019
Meet Your Sister Bar Presidents for 2019 STAFF REPORT
The Dallas Bar Association is proud to introduce the new presidents of its sister bar associations and looks forward to supporting these leaders as they seek to advance the goals of their organizations and promote the interests of their members in 2019. Charles M. Gearing, a 2009 graduate of Vanderbilt University Law School, will serve as President of the Dallas Association of Young Lawyers (DAYL). He has been on the DAYL Board since 2014, has served as Trustee and Chair of the DAYL Foundation, and was in the 2013 DAYL Leadership Class. In addition, he is a member of the DBA and the State Bar of Texas. He has been named a Texas Super Lawyers Rising Star and a D Magazine Best Lawyers Under 40. He is an associate at Figari + Davenport where his practice focuses on business and insurance litigation. Erin Nowell, newly elected justice on the Fifth District Court of Appeals, will serve as President of J.L. Turner Legal Association (JLTLA). Prior to being elected, Ms. Nowell was a shareholder at Simon Greenstone Panatier, PC. A 2003 graduate of the University of Texas School of Law, Ms. Nowell is a member of the DBA, National Bar Association, Texas Women Lawyers Association, and a Fellow of the Dallas Bar Foundation. She has been named a Top 40 Advocates Under 40 by the National Bar Association, a Texas Rising Star by Thompson Reuters, and has
Charles M. Gearing
Erin Nowell
Javier Perez
Sarah Rogers
Jason Shyung
son Reuters. Sarah Rogers will serve as President of the Dallas Women Lawyers Association (DWLA). Prior to being elected as President, she served as President-Elect, Vice President Membership, and Vice President Awards Reception. In addition, she served as President of DAYL in 2013, was a member of the 2005 DAYL Leadership Class, and served as Secretary of the Texas Young Lawyers Association. She is also a member of the DBA, Dallas Trial Lawyers Association, and Texas Trial Lawyers Association. Ms. Rogers is a 2004 graduate of SMU Dedman School of Law and an attorney at Crain Lewis Brogdon LLP. She has received the TYLA President’s Award of Merit in both 2010 and 2011, and is a Life Fellow of the Texas Bar Foundation and a Sustaining
Fellow of the DAYL Foundation. Jason Shyung will serve as President of the Dallas Asian American Bar Association (DAABA). Mr. Shyung is a 2008 graduate of the University of Virginia School of Law and a 2005 graduate of Southern Methodist University. He is currently Corporate In-House Counsel at Southwest Airlines. Prior to this position, he served as Assistant General Counsel with Accudyne Industries, as a Senior Associate at Alston & Bird LLP, and he clerked on the United States Court of Appeals for the Fifth Circuit. He also currently serves on the Board of Directors of Cornerstone Crossroads Academy, a school for at-risk high school students in South Dallas who would benefit from a supportive, holistic, and Christian approach to education. HN
received the DBA Minority Attorney of the Year and JLTLA President’s awards. Javier Perez will serve as President of Dallas Hispanic Bar Association (DHBA). A graduate of the University of Texas School of Law, Mr. Perez is a partner at Scott Perez LLP, where he practices employment litigation. He is a fellow in the 2018-2019 cohort of the Dallas-based Latino Center for Leadership Development and has served on the DHBA’s Board of Directors and Steering Committee for several years. In 2015 he received the DHBA’s Estrella Award and has been named a 2018 Texas Rising Star by Thom-
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Jan u a ry 2 0 1 9 â€
D al l as Bar A ssoci ati on l Headnotes 15
Chris, I see they let you out of the courtroom long enough to be inducted into ABOTA! Congrats, Buddy!
HAMILTON | WINGO, LLP American Board of Trial Advocates
16 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
January 2019
Tort & Insurance Practice
Critical Insurance Law Developments for Corporate Counsel BY MICHAEL W. HUDDLESTON
There have been a number of developments this year in insurance law that will impact corporate counsel. At an organic level, we are once again facing questions about the duty to defend under liability policies. Defense dollars are a critical part of making corporate and litigation budgets work. Texas has long followed the “eight corner” rule in determining the duty to defend, requiring consideration of the four corners of the underlying suit and the four corners of the policy. The “defense” language in standard liability policies has morphed in recent years, jettisoning the admonition that the duty exists regardless of whether the underlying allegations are groundless, false or fraudulent. In 2006, Judge McBride held that this change eliminated the eight-corner rule. Hall Contracting Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634 (N.D. Tex. 2006), rev’d on other grounds, 273 Fed. Appx. 310 (5th Cir. 2008). In a 2018 decision, Judge McBride again held that the difference in policy language means the eightcorner rule does not apply and thus the court may consider extrinsic evidence in determining if the policy provides coverage and a corresponding duty to defend. State Farm Lloyds v. Richards, 2018 WL 2225084 (N.D. Tex. 2018) (appeal to Fifth Circuit pending). Late notice is a critical problem with claims made against professional liability policies, such directors & officers (“D&O”) and many technology and cyber related insurance products. The court in Adi WorldLink, LLC v.
RSUI Indem. Co., 2017 WL 4112112 (E.D. Tex. 2017), held that (a) an initial action under the Fair Labor Standards Act, (“FLSA”) brought by some employees in an arbitration in 2014 (“the Lamb arbitration”), (b) amended claims under state law later added to the same arbitration, and (c) litigation brought in 2015 by other employees in a different state were “interrelated.” The court held all of the actions arose from the insured’s failure to categorize engineers as non-exempt and involved claims under the FLSA and state equivalents. The D&O policy in Adi stated: “All Claims based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the same or related facts . . . shall be deemed to be a single Claim for all purposes under this policy.” The court concluded there was one claim that started with the Lamb arbitration, notice as to that claim was untimely, and the additional claims did not create a new “claim” for which notice could then be timely given. Sexual harassment and misconduct claims potentially involve Employment Practices Liability Insurance (EPLI) or commercial general liability (CGL) coverage. EPLI is targeted at employee related problems, while CGL coverage is directed to third-parties not employed by the insured. In AIG Property Cas. Co. v. Cosby, 892 F.3d 25 (1st Cir. 2018)(Mass. Law), the court found that a sexual misconduct exclusion did not defeat the duty to defend defamation claims based on allegations the perpetrator lied in denying the sexual assault allegations. The court found
the misconduct exclusion ambiguous in the face of such claims. Criminal acts exclusions are often used to defeat sexual misconduct and other similar claims. Insureds in the hospitality industry should be particularly wary of claims involving any sort of potentially criminal conduct. In Century Sur. Co. v. Seidel, No. 17-10026, slip op. (5th Cir. 2018), the victim of a sexual assault brought suit against Pastazios Pizza, Inc. and its owner Deari (the perpetrator of the assault). The Fifth Circuit broadly applied a criminal acts exclusion, which excluded coverage for bodily injury “arising out of or resulting from a criminal act committed by any insured.” The court held that “arising out of” would require that the claim only “bear an incidental relationship to the described conduct for the exclusion to apply.” Mere allegations that the insured negligently gave alcohol to a minor, the court reasoned, is a misdemeanor and thus a “crime.” The policy did not define “crime.” Moreover, the company, independent of the owner/ perpetrator, was not charged, tried or convicted of the misdemeanor. Many corporate counsel are challenged by the dynamics of the relationship between primary and excess carriers. Many primary carriers will try to spend as little as possible on defense in hopes the excess carriers will take over the defense. Others try their best to get out of the defense and shift it to the excess carrier. In Aggreko, LLC v. Chartis Specialty Ins., No. 1:16-CV297 (E.D. Tex. 2018), the primary carrier entered into a settlement with
the underlying plaintiffs agreeing to pay its policy limits of $1 million in exchange for a covenant that plaintiffs would limit execution in the event of a recovery against insured Aggreko to coverage actually available under the policies of other primary and excess carriers. Aggreko had two lines of coverage available to it: (a) its own coverage, and (b) additional insured coverage provided to it by a drilling subcontractor. Applying Texas law, the court found that the primary carrier exhausted its limits and owed no further duty to defend or indemnify after payment of its limits subject to the covenant not to execute. The court rejected arguments that the settlement was contrary to public policy. One thing is clear, insurance coverage litigation is continuing in frequency and growing in complexity. Corporate counsel are faced with a complex array of pitfalls and traps in connection with D&O and other professional liability policies. These types of policies and thus the difficulties are expanding to include many forms of technology errors and omissions coverage and cyber coverage. The lesson from these cases is to disclose freely in your applications as to claims and potential claims; if in any doubt, give notice of circumstances or an actual claim; and make sure coverage critical to your company is being requested and actually obtained by a competent agent. HN Michael W. Huddleston is a shareholder at Munsch Hardt Kopf & Harr, P.C. and can be reached at mhuddleston@ munsch.com.
Bill Holston to Receive 2019 MLK Justice Award CONTINUED FROM PAGE 1
FM and The Dallas Morning News. He is a frequent speaker on human rights issues, including most recently the protest of the family separation policy of the government. One of Holston’s team members, Pilar Ferguson, describes Holston as motivating, inspiring, flexible, and open to new ideas. He does not micromanage his team, but rather, encourages them to find new ways to serve the refugees where they are. Holston has been a member of the Pro Bono College of the State Bar of Texas since 1998 and is a past-chair of the Dallas Bar Association’s Pro Bono Activities Committee. He has been an active participant in the DBA’s Transition to Law Practice Program. Holston enjoys spending his weekends getting out into nature for hikes as a means to unplug from the stresses of life. He writes a series of articles entitled “Law Man Walking: Nature Treks with Bill
Holston” for D Magazine. He and his wife are active members of Greenland Hills United Methodist Church. Holston and his wife, Jill, dyslexia specialist in a Title One Public School, have two grown children, Fred and Will. Mr. Holston says receiving the MLK award from the Dallas Bar is one of the greatest honors of his career. “I am very thankful to have the opportunity to lead the great team at HRI, and accept this award as a recognition of their hard work for justice.’ Please join us in thanking and honoring Bill Holston at the 2019 Martin Luther King, Jr. Justice Award Luncheon on Monday, January 21 noon at Belo. Members of the DBA and community are invited to attend. For reservations, contact bavina@dallasbar.org. A plated lunch will be served at a cost of $14.95. HN Beth M. Johnson, Attorney at Law, is Co-Chair of the Publications Committee. She can be reached at beth@ bethmjohnson.com.
Wondering What’s for Lunch? Join the Belo Mansion mailing list to receive the daily lunch menu.
Jan u a ry 2 0 1 9
D al l as Bar A ssoci ati on l Headnotes 17
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18 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
January 2019
Tort & Insurance Practice
Lawyers and Happiness - A Pragmatic Discussion question as so many folks throughout history have asked: “Am I happy?” I have given talks on this issue numerous times. I have interviewed top lawyers about it. I have spoken to religious leaders and psychologists about it and here is my take away. The one true constant in life is suffering. Think about it—from the moment you are born you are a puzzle of want and unfulfilled desires. In a long enough time span, you lose. Your body will have ailments. For every single one of us, the prognosis is fatal. There is no way around it. You will watch people you love fall ill and die. You will see the constant stream of sadness in the world and in your communities. Suffering is universal. It does not matter how rich you are or how poor you are. You will suffer in life. It does not matter what faith you have or even if you have faith at all; bad things happen to good people. But here is the secret: bad things happen to bad people and even
BY PAUL WINGO
Webster’s dictionary defines happiness as a state of well-being and contentment. The question of “Am I happy” is central to the human experience. Our society is particularly obsessed with happiness or the lack thereof. We are constantly bombarded with pitches trying to tell us why we are not happy and why a certain product or idea will cure it. Every religion, philosophy, or psychological method tells you how to be happier. We are over medicated, over stimulated, and overwhelmed constantly in this life. To top it off, we in the legal profession made the decision to spend a ton of money and time becoming a lawyer—a career path known for long hours, angry clients, burn out, depressive issues, and substance abuse. Throw a bunch of family and social obligations on top of that and you have the recipe for the modern lawyer asking the same
Save the Date—February 23, 2019 Kinship Custody Clinic Sponsored by DVAP and the SMU Child Advocacy Clinic
to people who sit on the fence. Bad things happen to each and every one of us. What? That does not sound very happy Paul? Nope. It isn’t. There is not any cure all. I wish I had the magic bullet that would magically end suffering, but I don’t. If you are living you will suffer. So, I am going to say something controversial here, stop trying to avoid suffering. It will not work. Walk right into the center of the break down and embrace it. This is one of the simplest truths I can shout. We spend so much time punishing ourselves for suffering that we end up suffering more. We constantly ask, why me? What did I do? It just does not matter. Suffering will come regardless of our actions. If we would just accept it is present and jump right into the suffering, then we can begin to deal with it and learn from it. Suffering will not go away. One of my happiest moments in my life was when my mom died. Huh? Yep you heard me. Yes, I was absolutely devastated when my mom was diagnosed with inoperable cancer during my 1L year in law school. Of course, it made me sick watching her go through chemotherapy. There was a deep empty place in my heart when she passed away the summer between my 2L and 3L year. But I spent time with her, planned a family cruise that we had a blast on, came
home from D.C. when she said she could not work anymore and was going on hospice, proposed to my wife Brina when she said it would give her great comfort to see me propose before she passed, and spent the whole day in bed with her watching a boot legged season of Dr. Who the day before she fell into a sleep from which she would never wake. I knew she was going to die. I did not try to avoid it. Out of that suffering came one of my greatest states of well-being and contentment knowing I did everything I could to make her suffering a shared journey that we faced together. Is there a guide to life? Nope. Are we going to get through this mess unscathed? Absolutely not. But if you have a willingness to meet your suffering head on you will feel more engaged with your universe. It will steel you to the difficult realities of existence and let you have ownership over them instead of feeling hapless. We do not get to choose if we suffer but we do get to choose how we respond to it. So, instead of trying to find the good you are missing out on, work on dealing with the problems you are facing. Look at your suffering as an opportunity and not as a loss. HN Paul Wingo is a partner at Hamilton | Wingo, LLP and can be reached at pwingo@hamiltonwingo.com.
All attorneys who have received kinship custody training are welcome and encouraged to volunteer. Questions? Email kinshipcustodyclinic@gmail.com
Texas Insurance Coverage Litiagation
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Park Place Dallas Ticket to Drive Raffle Winner receives a 2019 Mercedes-Benz GLA250*
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Texas Insurance Coverage Litigation is a practice guide for Texas litigators who are handling insurance coverage lawsuits or who are confronted with insurance questions in a litigation context. It includes legal analysis, practical tips, forms, and annotations specific to Texas and Fifth Circuit practice.
Runner-Up Receives:
A choice of a New York Long Weekend, Lake Tahoe Ski Getaway or Puntacana Resort & Club Caribbean Paradise. (Each trip includes airfare for 2.) Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, which provides legal services to the less fortunate in our community. No more than 1,500 tickets will be sold. *Picture shown is not exact winning vehicle
Purchase raffle tickets online at https://www2.dallasbar.org/dbaweb/dvap/raffle.aspx or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201).
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Order at www.TexasLawyerBooks.com or 800.756.8993
The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.
Jan u a ry 2 0 1 9
D al l as Bar A ssoci ati on l Headnotes 19
ALOM BROTHER H S HO LE P OD M E T
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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
Column
January 2019
TYLA Update
Dallas is Representing Through TYLA BY SALLY PRETORIUS
This year is such a great year for the Texas Young Lawyers Association (TYLA). We are halfway through the bar year and young lawyers are accomplishing so much across the great state of Texas. As a transplant Dallas-ite, I am very proud to call Dallas home and proud of everything that the Dallas Association of Young Lawyers and the Dallas Bar Association does and stands for. TYLA is a leader in young lawyer affiliates across the nation through the American Bar Association and in creating projects that make a huge impact on the community. TYLA advances the profession by providing guidance and mentorship to young attorneys and by serving as the public service arm of the State Bar of Texas. This year, Dallas is well represented among the TYLA Executive Committee, as five out of eight of us hail from Dallas—talk about a powerhouse! Keep reading for an overview of some of our major projects this year.
Under the guidance of the TYLA leaders and board of directors, TYLA has launched two successful podcasts that are free to the public: Young Gunners, which is a series focusing on basic legal components and issues, and Shero, which features intimate conversations with female leaders in the legal community with the goal of helping mentor young female attorneys.
TYLA is in the filming process of reinvigorating an existing project called Junior Judges, now renamed The Choice, which is a curriculum designed to help children make the right choices in tough situations they will likely encounter in their childhood and adolescent years. The Choice will partner with two San Antonio Cinema Major high school students who will help us update the project with topics such as sexting and online safety.
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TYLA is also using the brainchild of the Dallas Association of Young Lawyers and incorporating a program that focuses on compassion fatigue (also known as secondary post traumatic stress disorder), which can affect attorneys and others who help people exposed to stressful situations cope with their experiences and find solutions. TYLA has scheduled numerous “wellness panels” throughout the state that help educate lawyers on related issues. TYLA has also
Lastly, thanks to a generous grant by the Texas Bar Foundation, TYLA is in the production phase of a project called Proud to be An American, which focuses on educating K-12 students about the rights and responsibilities of being a U.S. citizen. A special part of this project will be personalized videos from a variety of people—some longtime U.S. citizens, some newer citizens, and some in the process of becoming citizens. TYLA will use this project as a way to unify existing projects that focus on the rights of U.S. citizens such as I Was The First, American Juror, and They Had a Dream Too. As you can see, TYLA is hard at work creating projects that help advance and educate the legal profession and serve the community. If you have any interest in any of these projects, please do not hesitate to reach out to me via email (sally@koonsfuller.com) or phone. HN
Sally Pretorius, an associate at KoonsFuller in Dallas, is the 2018-2019 president of the Texas Young Lawyers Association. All licensed Texas attorneys age 36 or younger or in their first five years of practice, regardless of age, are members of TYLA. For more information, go to tyla.org.
2019 Competitions: Saturday, January 19th, Saturday, January 26th, Friday, March 1st - Saturday, March 2nd. All taking place at George Allen Courthouse. Questions? Contact the State Coordinator at texashsmocktrial@dallasbar.org or call 214-220-7484 www.texashighschoolmocktrial.com
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Jan u a ry 2 0 1 9 â€
D al l as Bar A ssoci ati on l Headnotes 21
Š Alicia Spaete/Gensler
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22 H e a d n o t e s l D a l l a s B a r A s s o ciation
January 2019
The Five Things Lawyers Need in an Online Payment Solution BY MICHELLE LOWE
It always pays to do a little research before making a purchase to ensure you find the right product to address your needs. There is a wide world of them to choose from, but they are not all ideal for legal professionals like you. Here, we will examine five essential features you should keep an eye out for when shopping around for an online payments processor.
the full value of your services. This is why specialized payment solutions are the best fit for law firms like yours. They know how important it is to protect your IOLTA account from thirdparty debiting, and keep your earned and unearned fees separated with each transaction. Plus, their products often integrate with other legal software that you use every day, allowing you to keep your work organized in one place.
ing demographic. Your best bet is look for a payment processor that will let you do both— send online payment requests that your clients can pay on the go, or take credit card payments through a card reader in your office. While online payments will benefit your firm the most, you may have a need to process payments in person, such as working with a client who many not be as tech savvy as others.
2. Allows both Invoiced and 3. Simple Reconciliation 1. Tailor-Made for Law Firms In-Person Payments Using a credit card processor means you will have to pay transaction fees. A lot of online payment solutions bill themselves as a one-size-fits-all product that can suit the needs of any business. However, in reality, most of these products work best for retail stores and restaurants, as these are the most common businesses in the country. You will likely find that they have features, functions, and price points that would suit these businesses perfectly. But, you are not selling a product— you are providing a complex, valuable professional service. A typical paper receipt would not properly convey the type of work you do for your clients and
Online credit card payments have quickly become the most popular way for consumers to pay. In fact, 74 percent of households with an Internet connection prefer to pay their bills online with their favorite connected devices. Despite this, not all payment processors are designed with this functionality in mind. Many of them are still designed solely for in-person transactions, with online payments as a tacked-on afterthought. While these solutions can serve consumers more used to traditional methods, they are missing a key emerg-
For many payment solutions, these fees are debited as soon as a transaction is received. However, this can make reconciling an absolute nightmare. You will have to consider the amount you have billed compared with the amount displayed. Why add extra work to your busy day? Use a payment processor that will debit all of your fees on a single day. This way, you will see 100 percent of each payment in your transaction history, and can view your total processing fees as a separate charge each month. Simpler account reconciliation each month means more time spent serving clients.
4. Detailed Reporting
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The right reporting tools can make all the difference when choosing an online payment provider. Not only does this information let you balance your books properly, but it can also provide valuable
insights in fostering your firm’s success. Of course, this is another area where not all payment processors are created equal. The best payment solutions for lawyers will let you run detailed reports on your transactions. These solutions also make it easy to view your top clients by volume, payment trends, and even export your payment history in whichever format you prefer. In contrast, most payment providers will have metrics tracking gift cards or cash drawer history—stats that might appeal to a point-of-sale business, but for which a professional service firm like yours will have no interest.
5. Pricing Without Gimmicks
Between the various different interchange rates, processing fees and codes to decipher, online payments systems can sound incredibly complicated. The last thing you want is to spend more time figuring out the fee structures of your processor than you do on billable hours. Thankfully, there are payment processors that are not only competitive in the rates they offer, but also transparent in their pricing. Choose a payment processor with no hidden fees, no minimum processing requirements, and no long-term contractual obligations. Payment processors for professional service firms will let you easily forecast and budget for your expenses by keeping their rates straightforward and easy to understand. HN
Michelle Lowe is the Finance and Technology Expert at Affinipay.
2018 DBA President Recognized
On behalf of the Board, Karen McCloud (left), Chair of the Board, presented Michael K. Hurst, DBA’s 2018 President, with an oil painting of The Belo Mansion by Texas artist Jerral Derryberry. Mr. Derryberry’s work is currently represented and sold in fine art galleries and national exhibitions. More of his work can be seen at www.jerralderryberry.com.
Belo Mansion_Headnotes Ad.indd 1
8/11/2017 3:57:49 PM
Jan u a ry 2 0 1 9
Focus
D al l as Bar A ssoci ati on l Headnotes 23
Tort & Insurance Practice
A Case for Sidelining Dangerous Doctors BY KAY VAN WEY
Perhaps no case in my lifetime has gained more national media attention than the case of Dr. Christopher Duntsch a/k/a “Dr. Death,” now the subject of a hit podcast by the same name. I, and several other attorneys represented his former patients in multiple medical malpractice lawsuits. Due to the diligent work of Dallas County Assistant District Attorney Michelle Shugart and a courageous jury, Dr. Duntsch has been sentenced to life in prison for his actions. After listening to the podcast and the events that transpired, many people, lawyers, and laypersons alike, ask me how this could have happened. I ask myself, “could it happen again?” A confluence of factors and decisions enabled Dr. Duntsch to a) graduate from a prestigious neurosurgery residency despite concerns about his skills and safety as a surgeon; b) obtain privileges at three DFW area hospitals and one out-patient surgery center in spite of his numerous patient injuries and deaths; and c) avoid Texas Medical Board scrutiny until the cries from other surgeons who had witnessed his actions were too loud to be ignored. The Texas legislature conferred certain privileges and immunities on hospitals in an effort to enhance the quality of medical care by encouraging hospitals to engage in rigorous oversight of their medical staff. Hospitals can conduct their peer review and credentialing activities with near complete immunity for their actions. Furthermore, we are relegated to a malice standard for malicious credentialing claims in Texas and must prove malice with evidence that is privileged—a near impossible legal standard. Thus, patients are at the mercy of hospitals to “do the right thing” and place patient safety over their own financial self-interest or concern of repercussions from physicians. In 1986, Congress created the National Practitioner Data Bank (NPDB) which required hospitals to report any revocation or restriction of a physician’s hospital privileges for more than 30 days. The database is not accessible to the public, but provides a searchable database for hospitals and other medical entities to check physicians’ backgrounds prior to granting them hospital privileges. The purpose of the NPDB was to prevent dangerous doctors from moving from hospital to hospital or state to state. As of December 2015 nearly 50 percent of all U.S. hospitals had never reported a single doctor to the NPDB. Congress cited the need for the legislation as essential to protect the public health and safety, noting that even though state medical boards
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and hospitals should weed out incompetent doctors, they often do not do so or, if they do, the doctor can easily move to a different hospital or state. The legislation also provides that hospitals that fail to report a doctor may have their immunity waived for a period of six months, but I am unaware of any instance where such sanctions were actually imposed. This is not a new problem. In 2005, The Texas Supreme Court noted that unless hospitals are vigilant in carrying out their peer review analysis to assess their physicians’ competence, the purpose of providing them immunity is pointless. The Court also reminded us that the reason hospitals were granted such strong protection was precisely so that they would be incentivized to “self-police” their medical staff in order to improve patient safety. It is now apparent that, in many instances, this robust “self-policing” has not materialized to adequately protect patients and I believe we need a change. Hospitals should not be entitled to the
benefits of blanket immunity where they fail to adequately discharge their critical oversight function or fail to report an incompetent doctor to the medical board and the NPDB. Patients should be afforded the right to pursue a viable cause of action against hospitals that grant and/ or renew operating privileges to an incompetent doctor. The NPDB should also be freely accessible to patients so they too can have the benefit of reviewing all available information about a given doctor before entrusting such person with their life. Notwithstanding their broad immunity, hospitals still seem to fear lawsuits from physicians. However, they have little to fear when it comes to patient suits. Texas does not recognize a cause of action for negligent credentialing, and to the extent a cause of action exists, plaintiffs must prove malice. As well, the evidence of wrongdoing is strictly privileged and therefore the evidence a plaintiff would need to prove malicious credentialing is not discoverable. Thus, hos-
pitals are essentially immune from civil liability to patients harmed by credentialing decisions, even if they are grossly negligent. Moreover, in contrast to a suit by a physician, a patient’s damages are capped. Therefore, economic considerations weigh heavily on a hospital’s decision to report a bad doctor. Coupled with the absence of penalties for violating the requirement to report bad doctors and it becomes apparent how a situation like Dr. Duntsch’s slipped through the cracks. Without an appreciable threat of administrative penalties or medical malpractice lawsuits by patients, hospitals may not be sufficiently motivated to actively review, investigate and report doctors with subpar performance or results. This leaves all of us vulnerable as potential patients. How many more Dr. Deaths will it take to force change? HN Kay L. Van Wey, of Van Wey Law, PLLC,serves as Adjunct Professor at SMU Dedman School of Law teaching the course on Law and Medicine. She can be reached at kay@vanweylaw.com.
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J E E V E S M A N D E L L A W G R O U P. C O M
ROGER MANDEL rmandel@jeevesmandellawgroup.com
SCOTT JEEVES sjeeves@jeeveslawgroup.com
214.253.8300
727.894.2929
10-Week Course Spring 2019 January 8 — March 13, 2019 For more information, contact Grecia Alfaro at galfaro@dallasbar.org or (214) 220-7447
Available for your personal injury referrals in Florida.
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24 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
January 2019
Tort & Insurance Practice
My House Burned Down. How Much Do I Get For My Stuff? BY THOMAS J. MOSES
All of us have seen stories about the destruction caused by natural catastrophes (hurricanes, tornados, and such) or tragic accidents (pipeline explosions, cars driving through windows) to homes and personal property. What if something like that happened to you? Sadly, without insurance, there is little hope of ever receiving compensation for your losses. You will have fond memories to treasure, but little else. But, even if an insurance company provides coverage for your loss, it does not mean that you have hit the Mother Lode. This article focuses on situations where your personal property is destroyed and how such losses should be evaluated and reimbursed under Texas law. When your personal property has been destroyed, and insurance covers the loss, the Texas Supreme Court has stated that
you should receive “fair, reasonable, and proper compensation” for your loss. You should not be surprised to find out, however, that different rules apply in different circumstances to different types of property when calculating what that compensation should be under an insurance policy. Generally, where an item of personal property has been destroyed, the measure of damages is the “market value” of the property immediately before the injury at the place where the injury occurred. This is important to remember, as it means that the values attributed to your property must be viewed in a local context. “Market value” is defined as “the price property would bring when it is offered for sale by one who desires, but is not obligated to sell, and is bought by one who is under no necessity of buying it.” This means “thrift shop” or “garage sale” prices, likely a significant discount from what you paid for it.
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
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erages are going to be high, as insurers prefer not to enable an insured’s “moral hazard”— i.e., the likelihood of an insured acting recklessly because they had insurance. Finally, most insurance policies will offer “loss-of-use” damages in situations where personal property is destroyed. Loss of use damages compensate a property owner for damages that result from a reasonable period of lost use of the personal property and, therefore, the amount of damages is measured according to the particular loss experienced. In conclusion, remember that each case presents different issues, and the coverages afforded by insurance policies, and the exclusions or limitations on recovery under those policies, can differ. Should a loss happen, you should first thoroughly read your insurance policy before making a claim. And, consult with a lawyer with expertise in insurance law if you ever have any questions or concerns. They are there to help. HN Thomas J. Moses is an associate at Campbell & Associates, P.C. He can be reached at tmoses@cllegal.com.
SAVE THE DATE
1-1, group telephone calls on topics
THE DALLAS BAR ASSOCIATION’S NEW MEMBER FIESTA CELEBRATION
Friday noon AA telephone meeting 1-800-393-0640, code 6767456
will be held on Tuesday, February 12, 2019
TLAP Newsletter
Indeed, the purchase price of the item cannot be relied upon to calculate its “market value” at the time of the loss. An item’s value, in most cases, begins to decrease immediately and will continue to “depreciate” over time. A different approach is taken with household goods, wearing apparel, or other sorts of personal effects. In such cases, the measure of damages is the difference between their actual value before and after the loss. Values for such items will be calculated by taking into consideration “the cost of the articles new, the extent of their use, whether worn or out of date, their condition at the time, etc.,” but will not be influenced by any “fanciful or sentimental considerations.” Thus, an item’s value will be determined objectively, not subjectively. Some insurers offer—at an additional cost—“stated value” coverage with regard to specific items of personal property. Should the item subsequently be damaged or destroyed, the insurer would, upon adequate and satisfactory proof of loss, guarantee payment to the insured of a sum certain. Be advised that the premiums for such cov-
Find out more at www.texasbar.com.
Invitation to Follow For more information, or for sponsorship opportunities, contact kwatson@dallasbar.org
FEDERAL & STATE CRIMINAL DEFENSE FEDERAL & STATE CIVIL TRIAL MATTERS
Knox Fitzpatrick ✯ Jim Jacks ✯ Bob Smith ✯ Mike Uhl ✯ Ritch Roberts 500 NORTH AKARD STREET, ROSS TOWER, SUITE 2150 DALLAS, TEXAS 75201-6654 | 214-237-0900 *Independent Law Offices
Jan u a ry 2 0 1 9
Focus
D al l as Bar A ssoci ati on l Headnotes 25
Tort & Insurance Practice
Coverage Hurdles for Companies Facing Fracking Litigation Risk BY YVETTE OSTOLAZA, ELISSA M. MCCLURE, AND TAYLER L. GREEN
Fracking-Related Insurance Disputes on the Horizon
Given lawmakers’ support and an attendant economic potential, hydraulic fracturing (“fracking”) is likely to continue its meteoric rise in Texas. Fracking is a well stimulation process that maximizes natural gas extraction by pumping, at high pressure, water and other additives into a geologic formation. The Texas Supreme Court has recognized fracking as “essential to economic production of oil and gas.” Coastal Oil & Gas Corp. v. Garza Energy Tr., 268 S.W.3d 1 (Tex. 2008). The Legislature appears to agree: When the City of Denton sought to ban fracking in 2014, the Legislature responded by generally preempting local governments’ fracking laws. See Tex. Nat. Res. Code Ann. § 81.0523. Fracking-related litigation, often involving alleged groundwater, air, and soil contamination, has already sparked insurance coverage disputes over defense costs and indemnification. Thus, Texas businesses facing fracking litigation risk should carefully evaluate their coverage portfolios to assess their available insurance benefits.
Pollution Exclusion
Companies generally have commercial general liability (CGL) insurance policies covering third-party claims for bodily injury and property damage. CGL policies typically contain some form of
pollution exclusion, either “absolute” or “total,” with absolute pollution exclusion denying coverage except for incidental pollution events, and total pollution exclusion denying coverage for all liability arising from the discharge of pollutants. Policies often define pollutants to include “chemicals.” If additives used in fracking are considered chemicals, and thus pollutants, a pollution exclusion could exclude coverage. For example, in Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. CBI Indus., Inc., 907 S.W.2d 517 (Tex. 1995), the Texas Supreme Court found that hydrofluoric acid was “clearly a ‘pollutant’ for which coverage is precluded” despite not being specifically mentioned in the policy, rejecting a claim of ambiguity. Another Texas court found that salt water qualified as a pollutant, but nonetheless found that coverage existed because an applicable endorsement superseded the exclusion. Inv’rs Ins. Co. of Am. v. Breck Operating Corp., No. CIV.A.1:02-CV-122-C, 2003 WL 21056849 (N.D. Tex. May 8, 2003).
Expected or Intended Exclusion
An additional obstacle to coverage under a CGL policy may be the “expected or intended exclusion”, which generally excludes coverage for property damage or bodily injury that is expected or intended by the insured. Insurers could argue that companies were aware of the dangers of fracking, including potential air/soil/groundwater contamination, and continued fracking nonetheless.
Given companies’ knowledge of fracking-associated risks, insurance carriers may also deny coverage under CGL policies because an underlying incident, such as groundwater contamination, was not an accident—i.e., a covered “occurrence.” Whether a subject incident constitutes an “occurrence” is a fact-specific inquiry, however, and companies may have viable arguments that alleged contamination was accidental.
Implications for Oil and Gas Companies
Fracking-related liability potentially triggers CGL policies’ pollution and expected or intended exclusions, as well as other coverage limitations, depending on the applicable policy language and the subject liability claims. Accordingly, companies facing fracking litigation risk should determine whether to purchase additional coverage or negotiate fracking-focused policy endorsements, whether applicable laws mandate insurance, and ensure they are familiar with requirements under potentially applicable policies in their portfolio. First, policyholders should decide whether to purchase additional coverage, such as environmental impairment liability, first-party property, and directors and officers policies. Environmental impairment liability policies cover firstparty and third-party claims arising from alleged environmental contamination, including bodily injury, property damage, and potentially cleanup costs. Firstparty property policies cover claims regarding damage to the insured’s prop-
erty and, significantly, may include business interruption coverage for economic losses resulting from such property damage. Directors’ and officers’ liability policies can cover claims which may be asserted against a company’s officers and directors, as well as governmental investigations of fracking operations. Second, policyholders should determine whether applicable laws mandate insurance. Some municipalities and states require oil and gas companies to maintain general liability insurance. For instance, Dallas requires certain companies to maintain environmental impairment liability insurance. See Dall., Tex., Ordinances vol. III, ch. 51A, art. XII, § 51A-12.203(e)(5). Similarly, Arlington and Fort Worth require certain companies to have environmental pollution liability coverage. See Arlington, Tex., Ordinances art. VI, § 6.01(C)(4); Fort Worth, Tex., Ordinances ch. 15, art. II, § 15-41(C)(4). Third, policyholders should become well-versed in their obligations under liability policies in their portfolio. Many liability policies contain a provision requiring the insured to notify insurers of events that may give rise to a claim. This obligation is in addition to notice of lawsuits actually filed against an insured. Accordingly, policyholders must be vigilant and promptly notify carriers of any incident that may lead to environmental contamination or accidents triggering coverage. HN Yvette Ostolaza is a partner at Sidley Austin LLP, and Elissa M. McClure and Tayler L. Green are associates with the firm. They can be reached at yvette.ostolaza@sidley.com, elissa.mcclure@sidley.com, and tayler.green@sidley.com, respectively.
26 H e a d n o t e s l D a l l a s B a r A s s o ciation
January 2019
Column
In the News
FROM THE DAIS
1. Over 400 FREE CLE courses offered each year and now includes access to 6 hours of ONLINE CLE for FREE! Our 30 substantive law Sections meet monthly at Belo during lunch or in the evening. 2. Members receive a free copy of our Headnotes monthly publication and weekly Dallas Bar Online e-newsletter that lists upcoming CLE programs and events. 3. Join a DBA Committee for FREE and start building relationships, take on leadership roles, and help plan community service programs, CLE’s and social events. 4. You will be included in the DBA Pictorial Directory available for free, in print and online, to DBA members.
5. Volunteer with the Dallas Volunteer Attorney Program (DVAP) and assist low-income residents obtain legal services. 6. Join the Home Project Committee and help members build a new home for Habitat for Humanity each year.
Mike Villa and Mary Wood, of Meadows Collier, spoke in Atlanta, GA at the 2018 Fall Tax Meeting co-sponsored by the ABA Sections of Taxation and Real Property Trust & Estate Law, Trust & Estate Division. David Colmenero and Alex Pilawski spoke at a seminar co-hosted by Community Bank & Trust and the Central Texas Chapter/TSCPA in Waco. Joel Crouch, of Meadows Collier, spoke at the 2018 Austin CPA Chapter Annual Tax Conference and at the AXA Advisors Seminar; Aaron Borden spoke at the Corpus Christi Chapter/TSCPA Luncheon; David Colmenero spoke at the Dallas CPA Society’s Member Appreciation CPE; Chuck Meadows spoke at the Heart of Texas – Estate Planning Council Fall Luncheon; Alan Davis spoke at the ACPEN Broadcast in Plano. David Colmenero and Trey Cousins, of Meadows Collier, spoke in San Antonio and in Dallas at the Texas CPA Tax Institute; Charles Pulman and Matt Roberts spoke at Goldin, Peiser & Peiser, LLP; David Colmenero, Anthony Daddino, Mary Wood and Mike Villa spoke at the TSCPA 2018 CPE Expo.
KUDOS
7. Get involved with various DBA Mentoring Programs that pair new lawyers with seasoned attorneys.
Stefanie Major McGregor, of Godwin Bowman PC, has been promoted to Shareholder. Whitney Keltch Green and Michael A. Holmes, also of the firm, have been promoted to Senior Counsel.
8. Join a DBA Section for monthly CLE programs and network with lawyers in your area of practice to generate referrals.
Tresi Moore Weeks, of The Weeks Law Firm, PLLC, has been appointed Chair of the Board of Directors of Disability Rights Texas.
9. Post job openings, search resumes and jobs through our online DBA Career Center. Sign up on DBA website.
Byron Egan, of Jackson Walker L.L.P., received the Texas Lawyer 2018 Lifetime Achievement Award. Mary E. Karam, of the firm, received the Louise B. Raggio Award from the Dallas Women Lawyers Association.
10. DBA members can save up to 25% off credit card processing fees through LawPay. For more information, call (866) 376-0950 or visit lawpay.com/dallasbar. 11. DBA members can join the Lawyer Referral Service (LRS) for only $100 and assist the public in obtaining legal help while growing your solo practice or small firm client base.
Cathy Altman, of Carrington, Coleman, Sloman & Blumenthal, LLP, has been appointed to the Trinity River Authority Board of Directors by Texas Gov. Greg Abbott. Paul Coggins, of Locke Lord LLP, has been
elected President-Elect of the National Association of Former United States Attorneys. Larry Bowman, of Kane Russell Coleman Logan, was recently elected to the Fellows of the American Bar Foundation. Susan Motley, of Wood Weatherly, was elected as a Fellow of The College of Labor and Employment Lawyers. Patty Nolan, of The Law Office of Patricia A. Nolan, was named co-chair of the ABA committee Women in Dispute Resolution. Steven Stodghill, of Winston & Strawn LLP, received the Anti-Defamation League’s 2018 Larry Schoenbrun Jurisprudence Award, and Steve and his wife, Anne, were honored by the Business Council for the Arts as 2018 Obelisk Award honoree, receiving the Juror’s Award for their lifetime advancement of the arts.
ON THE MOVE
Eduardo (Jim) Cuaderes Jr. has opened his practice CuaderesMediations located at 10440 N. Central Expressway, Suite 800, Dallas, TX 75231. Phone: (214) 540-6512. Lisa Atlas Genecov, Cheryl Camin Murray and Kenya S. Woodruff joined Katten Muchin Rosenman LLP as Partners. Brett Kutnick joined Jackson Walker L.L.P. as Partner. Jana Simons joined Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Mark Melton joined Holland & Knight LLP as Partner. Carrie T. Carter joined The Law Office of Stephen W. Johnson and Associates as Partner. Luke Wohlford joined The Law Office of Stephen W. Johnson and Associates. Tom Woolsey joined Greenberg Traurig, LLP as Shareholder. News items regarding current members of the Dallas Bar Association are included in Headnotes as space permits. Please send your announcements to Judi Smalling at jsmalling@ dallasbar.org
DBA WE LEAD
12. Members receive discounts on Texas Rangers game tickets. 13. Receive a 15% discount on clothing from Brooks Brothers and 20% at JoS. A. Bank. For discount codes, send request to membership@dallasbar.org. 14. Receive up to 30% off hotel rates at LaQuinta Inns & Suites in Texas. Visit DBA website for more details. 15. Members receive enrollment/monthly dues discount with TELOS Fitness Center. 16. 15% discount on ABA Publications. For a list of titles or to place an order, go to abanet.org/abastore
On November 28 the DBA’s inaugural DBA WE LEAD class held a half day program, culminating in a graduation ceremony. The program, which stands for Women Empowered to Lead in the Legal Profession, aims to address the unique challenges facing women in the legal profession. To find out more about the 2019 program, contact jsmalling@dallasbar.org.
17. DBA Members receive discounts on events held at the Belo Mansion. Questions? Contact Kim Watson, Membership Director, (214) 220-7414 or kwatson@dallasbar.org
ABA Publication Discount For DBA Members
Dallas Bar members can purchase ABA books at a 15% discounted rate. For a complete list of titles or to place an order, visit www.ababooks.org. Enter code “PAB7EDBA” upon checkout and the 15% discount will be automatically applied to your order. Discount does not apply to ABA-CLE iPod products. For assistance, call (312) 988-6112.
Jan u a ry 2 0 1 9
Classifieds
D al l as Bar A ssoci ati on l Headnotes 27
January
EXPERT WITNESS
Economic Damages Experts-GMCO Litigation Damages Firm. Economic Damages Valuation Experts. GMCO a CPA firm with significant testifying experience. George Mendez CPA CVA has more than twenty years’ experience providing economic damages, lost profits, damage calculation testimony in court, deposition and arbitration. The firm provides services regarding commercial damages, lost profits, intellectual properties, employment, personal injury/lost earnings wrongful death, and insurance litigation. George Mendez has experience in most industries including energy/oil & gas, manufacturing, transportation, hospitality, service, distribution, and construction. GMCO serves attorneys in Dallas/Ft. Worth, Houston, Austin/ San Antonio. Contact George Mendez CPA CVA .Dallas/Ft Worth 469248-4477 or Houston (713) 8925037 experts@georgemendez.com Economic Damages Experts - Thomas Roney has more than thirty 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, and business valuation matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 5137113. troney@thomasroneyllc.com. “We Count.”
FOR SALE
Office Furniture For Sale. Classic wood law office furniture available: conference table, 10’x4’ w/10 arm chairs; conference room table, 8’x4’ w/8 arm chairs; 1 L shaped reception station; 14 executive desks; 15 L shaped desks; 8 leather executive chairs; 19 credenzas; 14 bookcases (4 shelf); 20 side chairs; 4 work tables; sofa; rugs; writing desk. Email: luna@txschoollaw.com.
OFFICE SPACE
Office space available at 4054 McKinney Avenue. Second floor suite with three offices and file room. This space is 1127 sq/ft and rents for $1,878.00 per month fixed rate. Two single offices available starting at $400.00. Call (214) 520-0600. Turtle Creek Blvd./Hall St. Area -Executive office space available for lease in a professional, legal environment. Two large executive window
offices available (furnished or unfurnished) to share with experienced and established lawyers. Separate areas available for assistants or paraprofessionals. Amenities include reception area, telephone, fax and copy machines, Wi-Fi, notary, conference room, fully furnished kitchen area, covered visitor parking, free secured office parking and 24/7 building access. Flexible terms. Location convenient to Dallas courts, downtown, and all traffic arteries. Please contact Judy at (214) 7405033 for a tour and information.
available” basis for the sub-tenants use, in our adjacent suite. Please contact Mike Neary (214) 855-5950 or mike@ sentineltitlecompany.com if interested.
Belt Line Road & Dallas Parkway. Addison law firm has one large, unique office and adjacent assistant’s bay for lease. Located at Belt Line and Dallas Parkway in Class A building. Reserved indoor parking and receptionist services included. Call Kelly at (972) 364-9700.
Near SMU: 4-Attorney Suite at 4849 Greenville Avenue has available one 3-window office with secretarial area and shared conference room, kitchen, copier, scanner, fax, DSL and phone equipment. Office mates would be 2 oil & gas attorneys and 1 civil litigator and their respective assistants. Includes covered tenant parking and free visitor parking. Contact John at (214) 373-4090.
Professional office suites for lease in Uptown State Thomas area. Restored Victorian home circa 1890 w/ hardwood floors throughout. Shared conference room. 2619 Hibernia Street and 2608 Hibernia Street, 1 block from McKinney Avenue Whole Foods. Lawyers preferred. $750-$850/month. Includes phone & Internet. Phone (214) 987-8240. Virtual Office – Available Now! Ultracontemporary office space, 12222 Merit Drive, Suite 1200, offers 11 conference rooms, greeter, Internet service, mail service, parking, fully equipped breakroom. $500 – competitive rates! Computer work space included as well. Email Amy at arobinson@englishpllc.com or (214) 528-4300. Office space available at 4303 N. Central Expressway 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 copy machines, notary, Internet, two conference rooms, two kitchen areas and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa at (214) 696-9253.
Prime 7th floor Downtown Office Space: Founders Square, 900 Jackson Street @ Griffin. 476 SF office available in office sharing arrangement with 5 established solo practitioners: $1,200/month. Office furniture also available – price negotiable. Contact Ted Steinke at ts@tedsteinke.com or (214) 747-7148.
Uptown Dallas – 3 window offices for lease in a professional legal environment. Offices come with receptionist, use of our telephone system (if desired), use of 2 conference rooms, kitchen area, notary, Wi-Fi, fax and copier. Short term sublease is okay. Available 01/15/2019. Email Victoria at victoria@bh-pllc.com for more information.
POSITION AVAILABLE
Ready to Own/Reposition Your Practice? We’ve been there and done that at other firms and we’re different. Palmer & Manuel, PLLC provides a platform where you (and we) get to do what we love – practice with experienced lawyers that enjoy practicing law with professional camaraderie and without the administrative hassles. Run your own practice, collaborate with colleagues with a wide variety of practice areas, keep 95% of your fees, and pay a fixed, reasonable monthly overhead (includes legal assistants, rent, Lexis, malpractice, supplies, etc.). See www.pamlaw.com
Office Space Available - 1700 Pacific Avenue. Title insurance agency has 3,000 square feet +/- available for sublease. Separate entrance. The remaining term on the lease is 2+ years. We will consider any term of one year or more. The rate is $18.00 + E. The suite is partially furnished (should you need furniture) and has a reception area, conference room, small library, and four offices and a kitchen area. Three high quality cubicles are available to use. Photos and a floor plan are available upon request. There is a very large conference room available on a “space
or contact Larry Chek, Jeff Sandberg or Rebecca Manuel at (214) 242-6444. Litigation Attorney. Established small AV rated firm in downtown Dallas seeks a full-time litigation attorney with four to eight years of litigation experience (insurance defense preferable) and partnership aspirations to assist in the handling of a diverse litigation practice. Personal injury and first party bad faith experience required. Excellent opportunity to work closely with senior partners. Principal duties include drafting motions, attending hearings and depositions, meeting with clients and witnesses, expert development and depositions of experts, and assisting with and participating in trial. Applicant should be highly motivated, a team player, and possess excellent research and writing skills as well as ability to work well without close supervision. Congenial work environment offers substantial responsibility at a competitive compensation level. Additional benefits include bonus program, 401K, health insurance, life / long term disability insurance and parking. Reply in confidence with resume and salary requirements to: DBA, Box #1911A, 2101 Ross Ave., Dallas, TX 75201. Dallas business/construction litigation firm seeks an experienced trial attorney with bankruptcy experience. Candidate must have excellent writing skills and a minimum of 10 years of experience. Compensation is negotiable. Clientele a plus. Submit resume in confidence to: oaklawnfirm@aol.com.
SERVICES
IT Support Services - Newell Technology Solutions, LLC is a boutique company providing a full range of IT support to select Dallas firms since 2002. Please contact us at (972) 2318780 or info@newellsolutions.com. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
COMMUNITY VOLUNTEER OPPORTUNITIES FOR LAWYERS Volunteer to coach a High School Mock Trial team, contact mgarcia@dallasbar.org.
Tutor a Child Confined to the Henry Wade Juvenile Justice Center, contact kzack@dallasbar.org. Volunteer to help at a Dallas Volunteer Attorney Program free legal clinic, contact peralesc@lanwt.org. Mentor a Child Impacted by Incarceration, log on to www.dallasbar.org/amachi-texas. Speak to a Community or Civic Group on a Law-Related Topic, contact mgarcia@dallasbar.org.
Participate in mentor2.0, log on to www.dallasbar.org/mentor2.0.
28 H e a d n o t e s l D a l l a s B a r A s s o ciationâ€
January 2019
Congratulations Laura Benitez Geisler
Photo by Hatley Studios
EXPERIENCE & COMPASSION Passman & Jones and Sommerman, McCaffity & Quesada proudly congratulate Laura Benitez Geisler, the 110th President of the Dallas Bar Association.Laura is an exceptional leader, serving both the profession and the community. We look forward to being a part of the Dallas Bar Assocation’s continued success during her presidency!