Dallas Bar Association
HEADNOTES
Focus Bankruptcy Law
July 2011 Volume 36 Number 7
Mark Werbner: Dallas Bar Association DBA Dedicates 20th Habitat House Trial Lawyer of the Year 2011 by Robert Mow
Mark Werbner is a quick, smart and compelling trial lawyer. He has a winning smile for the honest witness—and a drop-dead cross-examination for his adversaries. His winsome nature with juries is legendary. These skills have put Mark at the very top of the trial lawyers in this country. As Justice Joseph Morris of the Fifth District Court of Appeals-Dallas states it: “When you watch Mark before a jury, you know you are seeing a first-tier trial lawyer at work.” The reasons are obvious. With some 150 trials under his belt, Mark is ready for anything and surprised by little. From these 150 trials and his exemplary trial skills in the courtroom, Mark has won many accolades. Among them are the following: • Fellow in the American College of Trial Lawyers Advocate in the American Board of Trial Lawyers • Fellow in the International Society of Barristers • Master in the Patrick E. Mark Werbner Higginbotham Inn of Court • The Best Lawyers in America (Betthe-Company Litigation, Commercial Litigation, White Collar Criminal Defense), 2001-2010 • Top 10 Attorneys in Texas in Texas Super Lawyers list in Texas Monthly magazine • Repeatedly honored among the “Best Lawyers in Dallas” by D Magazine • Named a “Go To” lawyer for plaintiff’s civil litigation by Texas Lawyer • “Top 100 Verdicts of the Year,” Verdict Search (2001, 2004, 2007) • “Trial Lawyer of the Year,” Texas Chapter of the American Board of Trial Advocates (2002) • Named a “Trial Legend” by Dallas Bar Association TIPS Section (2010) • “Top Plaintiff Attorney,” Lawdragon (2007) • “Top Five Dallas Defense Attorneys,” Dallas Business Journal (2007) • “A Top Ten Litigator,” The National Law Journal • “The Advocates,” Dallas’ Top Five Corporate Litigators, Dallas CEO (2008) But Mark almost missed being a trial lawyer. He had no lawyers in his family urging him on. It was only when he was in the sixth grade and he had a teacher who kept telling Mark that he argued so much and so well he should become a trial lawyer that he headed that way. After successful years at the University of Texas and Southern Methodist Uni-
versity Dedman School of Law, Mark took the Texas Bar Exam and became a trial lawyer. Good trial lawyers learn from experiences. A key skill they acquire is the ability to prepare witnesses to testify. As Mark knew, great witnesses make the difference and bring across points in contention much better than lawyers. For example, as a young trial lawyer, Mark was once in Midland in trial in the midst of a West Texas sand storm. Mark was about four years out of law school and his client, an oil field-savvy witness, was on the stand. The witness had been well prepared on the facts, but not the law. Late on Friday, the client was the last key witness and he was to show that the defendant oil company had breached a duty to the working interest owners by secretly moving the stake locating where the well was to be drilled. When Mark’s rough-cut witness testified that the oil company had breached a fiduciary duty, the oil company’s lawyer taunted Mark’s client by asserting, “You don’t even know what a fiduciary duty means, do you?” The client snapped back at the top of his voice, “I do, too.” “How do you know?” barked the defense lawyer. The answer: “My sixth grade teacher told me it was being honest and fair in all your dealings!” The courthouse grew quiet. There were no more questions. The jury came back for Mark. Lesson learned: There is undeniably persuasive power in a solid witness telling the truth! It doesn’t pay to bet against Mark when there is a jury in the box. Last year, Mark and his partner Dick Sayles, won a $3+ million patent infringement verdict for Commil USA, LLC against Cisco Systems, Inc. When that verdict was set aside due to comments by defense counsel, and a new jury was impaneled, the new jury awarded $63+ million in damages—a net increase of $60 million to Mark’s client because Mark was ready to trust the jury again. From his earliest days as a trial lawyer, Mark Werbner has established with countless juries his unerring feel for where the jury is and how much it will take for the jury to amply reward the injured plaintiff. United States District Judge Barbara M.G. Lynn recalls that she, as co-counsel with Mark, tried Continued on Page 7
On May 21, DBA volunteers marked the 20th anniversary of the DBA’s Habitat for Humanity Home Project. DBA president Barry Sorrels turned the keys over to the Buchanan family, as volunteers celebrated the completion and dedication of the home. The DBA is the longest-running wholehouse sponsor for the Dallas Area Habitat for Humanity. This year’s build was coordinated by DBA Home Project Co-Chairs David Diaz and Brad Johnson. To participate in the project for next year, contact David at ddiaz@kbdtexas.com.
Focus
Bankruptcy Law
Trade Creditors in Bankruptcy By Kevin M. Lippman and Jonathan L. Howell
This article is for non-bankruptcy attorneys who have clients that may become involved in a bankruptcy case because they sold goods to a party that subsequently filed bankruptcy (a “debtor”). Accordingly, this article discusses, among other things, factors influencing whether trade creditors should become actively involved in a bankruptcy and the remedies available to trade creditors in bankruptcy. I. Who Is A Trade Creditor A “trade creditor” is a creditor whose claim is based on goods it sold to a debtor prior to the date the debtor commenced its bankruptcy case (the “petition date”). II. Factors Influencing Active Involvement in a Bankruptcy Case Determining whether a client should be proactive in a bankruptcy case can be difficult, particularly when it appears the recovery on the client’s claim may be nominal. When making this determination, it is important to understand the priority distribution scheme in bankruptcy. Not all claims are treated similarly. Secured claims are afforded the highest priority and are secured by virtue of valid liens on the debtor’s property. Second in
Inside 5 Are You Ready to Rock—Law Jam 3 9 New Bankruptcy Rules 11 Practical Advice for Appearing in Very Busy Bankruptcy Courts 13 It’s a Good Time to Be a Bankruptcy Lawyer…Right?
priority to secured claims are administrative expense claims. Generally, administrative claims are claims incurred after the petition date for an actual, necessary expense incurred to preserve the bankruptcy estate. Following administrative claims are priority claims. Priority claims are claims that Congress has determined, based on public policy, should be paid before general unsecured claims (e.g., domestic support claims; certain wage claims; and certain tax claims). Last in the priority distribution ranking of claims are general unsecured claims. In most bankruptcy cases, the holders of unsecured claims receive a recovery equal to a small fraction of the amount of their claim. If a trade claim is secured by a valid lien, the case should be closely monitored to ensure nothing happens that negatively impacts the lien’s priority. If the trade claim is unsecured, the degree of involvement in the bankruptcy case becomes more of a cost/benefit analysis. To assist in this analysis, a party can review the debtor’s schedules to get an understanding of the debtor’s assets and liabilities and the number of claims with greater priority. Continued on Page 12
“Four Generations in the Workplace: Multi-generational Perspectives on the Practice of Law” Ethics: 1 hour August 5, 2011, Noon, at Belo Panel of speakers includes: Luther Jones, Attorney; Ike Vanden Eykel, DBA Immediate Past President; Penny Blackwell, DAYL President; Erin Callahan, Law Student, President of SMU Student Bar Association; and Cindy Pladziewicz, DBA Peer Assistance Committee Chair, Moderator Hosted by the Peer Assistance Committee
2 He a d n o t e s l D a l l a s B a r A s s o ciation
Calendar
July Events
JULY 1-BELO Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
FRIDAY CLINICS
“Advanced Arbitration Considerations: The Changing Face of Arbitration in Texas,” Michael P. Lynn and Mark Whittington. (MCLE 1.00)*
JULY 8 – NORTH DALLAS** Noon
“Tips for Creating and Running a Digital Law Office,” Sean Hamada and Tom Mighell. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy, Suite 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 meeting room. Thank you to our sponsor, Griffith Nixon Davison, P.C. (MCLE 1.00)*
JULY 15 – BELO Noon
“Contempt of Court,” Mark Curriden. (MCLE 1.00)*
FRIDAY, JULY 1 Noon
Friday Clinic-Belo “Advanced Arbitration Considerations: The Changing Face of Arbitration in Texas,” Michael P. Lynn and Mark Whittington. (MCLE 1.00)*
MONDAY, JULY 4
TUESDAY, JULY 5
Corporate Counsel Section “The Do’s and Don’ts of an IRS Civil Examination,” Anthony P. Daddino. (MCLE 1.00)*
Noon
Solo & Small Firm Section “Practical Tips for Organizing the Tech Savvy Small Office and Going Paperless,” Dale Applegate. (MCLE 1.00)*
Public Forum Committee
DAYL Judiciary Committee
5:30 p.m. Bankruptcy and Commercial Law Section “Mortgage and Standing Issues in Consumer Bankruptcy Cases,” Theodore “Thad” O. Bartholow, III. (MCLE 1.00)*
THURSDAY, JULY 7 Noon
Construction Law Section “Out of Bounds: the Dallas Cowboy Practice Facility Collapse and a Contractor’s Duty to Build to Code,” Mason Hester. (MCLE 1.00)* Judiciary Committee “Effective Litigation and Trial Techniques in the Courtroom,” Hon. Carlos Cortez. (MCLE 1.00)*
Family Law Section Board Meeting DAYL CLE Committee
FRIDAY, JULY 8 Noon
Friday Clinic – North Dallas** “Tips for Creating and Running a Digital Law Office,” Sean Hamada and Tom Mighell. At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy, Suite 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 meeting room. Thank you to our sponsor, Griffith
Trial Skills Section “Jury Charges in State Court,” Kirsten Castaneda, Hon. Mary Murphy and Scott Stolley. (MCLE 1.00)* Minority Clerkship Luncheon. Panelists include Eric Blue, Eunice Kim Nakamura, Hon. Teresa Guerra Snelson, and Tino Ramirez, moderator. Learn about the broad range of opportunities in Dallas. RSVP to bavina@ dallasbar.org.
MONDAY, JULY 11 Noon
Alternative Dispute Resolution Section “Mediation and Family District Court,” Hon. Andrea Plumlee, Hon. James Martin and Hon. Lynn Cherry. (MCLE 1.00)*
Real Property Law Section “Eminent Domain Law for Real Estate Lawyers,” J. Allen Smith. (MCLE 1.00)*
Morris Harrell Professionalism Committee
WEDNESDAY, JULY 6
FRIDAY, JULY 15 Noon
TUESDAY, JULY 12 Noon
Business Litigation Section “E-Discovery in the State and Federal Courts,” Hon. Martin Hoffman, Hon. Jeff Kaplan and Monica Latin, moderator. (MCLE 1.00*)
Entertainment Committee
DAYL Equal Access to Justice Committee
6:00 p.m. DAYL Board of Directors
WEDNESDAY, JULY 13 11:30 a.m. House Committee Walk Through Noon
Family Law Section “Legislative Update on the Texas Family Code,” Jeff Coen. (MCLE .00)*
Friday Clinic-Belo “Contempt of Court,” Mark Curriden. (MCLE 1.00)*
MONDAY, JULY 18 Noon
Labor & Employment Law Section “Supreme Court Update on Workplace Retaliation and Effective Retaliation Litigation Strategies for Employers,” Arlene Steinfield. (MCLE 1.00)*
TUESDAY, JULY 19 Noon
Antitrust & Trade Regulation Section “Privacy Issues in Antitrust Law,” Chad Pinson. (MCLE 1.00)*
Community Involvement Committee
DAYL Animal Welfare Committee
Nixon Davison, P.C. (MCLE 1.00)*
DBA & Belo Offices closed for July 4 observance
Noon
Jul y 2011
DAYL Elder Law Committee
FRIDAY, JULY 22 Noon
Intellectual Property Law Section Topic Not Yet Available
Transition to Law Practice Committee
MONDAY, JULY 25 Noon
TUESDAY, JULY 26 Noon
Courthouse Committee
American Immigration Lawyers Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, JULY 27 Noon
Legal Ethics Committee
Juvenile Justice Committee
WEDNESDAY, JULY 20 Noon
Energy Law Section “Panel Discussion,” Jeff Pinter, Jenae McCuistion and Jeff Scoggins. (MCLE 1.00)*
Health Law Section “2011 Legislative Session,” Denise Glass. (MCLE 1.00)*
Pro Bono Activities Committee
Municipal Justice Bar Association 5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo
THURSDAY, JULY 21 Noon
Media Relations Committee
Christian Legal Society
Dallas Gay & Lesbian Bar Association
DAYL Freedom Run Committee
UPL Subcommittee
3:30 p.m. DBA Board of Directors
DAYL Solo & Small Firm Committee
DVAP New Lawyers Luncheon. RSVP to Chris Reed-Brown at reed-brownc@lanwt.org.
THURSDAY, JULY 28 Noon
Criminal Law Section “Legislative Update,” State Representative Eric Johnson. (MCLE 1.00)*
Environmental Law Section “Consultant’s Privilege,” Cindy Bishop. (MCLE 1.00)*
Mentoring Committee
Senior Lawyers Committee
Community Service Fund Board
FRIDAY, JULY 29 Noon
DAYL Leadership Steering Committee
MONDAY, AUGUST 1 Noon
Tax Law Section “The Aftermath of FLPs,” Karl Springer and Peter Robbins. (MCLE 1.00)*
Peer Assistance Committee
Road to Executive Leadership
DAYL Lunch and Learn 5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo
THURSDAY, JULY 14 11:30 a.m. DAYL Barristers for Babies Noon
CLE Committee
Publications Committee
Christian Lawyers Fellowship
Dallas Asian American Bar Association
6:00 p.m. J.L. Turner Legal Association
On May 31, the Minority Participation Committee hosted a Road to Executive Leadership Program, an enlightening discussion on how to obtain a general counsel or executive leadership position. Participants included: Tino A. Ramirez, Ramirez & Associates; Hope Shimabuku, Research In Motion; Tom Perkins, Dallas City Attorney; DBA President Barry Sorrels; Russ Coleman of Belo Corporation; Regina Montoya, Sr. VP & General Counsel Children’s Medical Center; Wesley Young of Premier Institute; John Ansbach of EFA Data Processing; and Camille Stearns Miller, White & Wiggins, L.L.P.
IOLTA Prime Partners “Banking on Justice” The Supreme Court of Texas requires attorneys to place IOLTA accounts at eligible banks—those that pay interest rates comparable to other similarly situated accounts. To see a list of committed banks or for more information on Prime Partners, contact the Texas Access to Justice Foundation at www.teajf.org or 512-3209-0099. If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar. All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION. *For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447. **For information on the location of this month’s North Dallas Friday Clinic, contact KZack@dallasbar.org.
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D al l as Bar A ssoci ati on l Headnotes 3
4 He a d n o t e s l D a l l a s B a r A s s o ciation
Jul y 2011
Headnotes
President's Column
Honoring the Profession by BARRY SORRELS
Before this year began, I chose “Honoring the Profession” as my theme for 2011. The decision was based upon my experience as a lawyer who has practiced in Dallas for my entire legal career. I believe the right to trial by jury, the right to counsel, and the rule of law are the principles that make our country great. I know that in this city, our lawyers and our judges provide this noble and constitutional service to the community with great skill and passion. I have seen courage in the courtroom in the form of advocacy and decisions. Local businesses grow with sound advice and strong contracts. Families are guided through the process of healing, growing, and preparing for the future. Injured people are made whole. Ideas are protected. We work for the pursuit of justice. I feel fortunate to have a job which gives me a sense of purpose in my life. I am proud of what it means to be a lawyer in this society, and I am grateful that I can say most of my good friends in this world are lawyers, too. I have always been impressed with the efforts and results of the fine legal practitioners who work in this city. Although I have been a long-time member of the Dallas Bar Association and an officer for the past five years, it was not until I took this position that I realized exactly how much more our lawyers do for Dallas than practice law when we become members of the Dallas Bar Association. As lawyers in Dallas, we work alone, with our partners, or within our firms to serve our clients. As members of the Dallas Bar Association, we work together with the 10,000 other members of the DBA to serve our community and to serve each other. Japanese poet Ryunosuke Satoro said, “Individually, we are one drop. Together, we are an ocean.” We are only halfway through 2011, but I would like for you to know what you and your fellow members have accomplished so far. • You built an entire house with the DBA Home Project, and a Dallas family is now living there. • You provided over 240 hours of continuing legal education to your colleagues through your sections and committees. • You mentored 88 young lawyers in the Transition to Law Program and Minority Participation Program. • You touched the lives of more than 13,500 DISD students through Law in the Schools, E-Mentoring, Summer
Board of Directors Roundup Brad Weber, Chair, called the May 19 meeting to
order and introduced Jennifer Houston, Director of Strategic Initiative for the Dallas Museum of Nature & Science. Ms. Houston reported that the museum is under construction and is planning to open in early 2013. Mr. Weber introduced Eli Columbus, Chair of the Bankruptcy Section, who reported that the section has monthly meetings, including an annual Bankruptcy Bench Bar Conference each year. Kelli Hinson, Chair of the Legal Ethics Committee, updated the board on the committee’s activities, which included a very successful Annual Ethics Fest Program. Reporting on Bar None, Martha Hardwick Hofmeister stated that rehearsals for the 2011 show are under way. Audrey Moorehead, Co-Chair of the Juvenile Justice Committee, reported that the committee held a wellattended Brown Bag Luncheon and a special juvenile justice program. Jennifer King, Chair of the Entertainment Committee, reported the committee sponsored a Sporting Clays event and the Mother’s Day Brunch and is planning several additional events for the year. Sports & Entertainment Law Section Chair, Sally Helppie, reported the section has been busy and has had high-profile CLE speakers this year, including the WNBA Commissioner. Ben Mesches, Chair of the Appellate Law Section, reported that the section will host a half-day program and will sponsor a scholarship in Justice Douglas Lang’s court. Reporting for the Admissions & Membership Committee, Co-Chair Artie Errisuriz, announced that membership is ahead of where it was this time last year by over 300 members and the DBA 100 Club is also ahead of previous year’s membership. Robert Prather, Chair of the Collaborative Law Section, reported the section is growing and will hold a three-day training program. During his president’s report, DBA President Barry Sorrels noted that Beverly Godbey had been elected Chair of HN the State Bar of Texas Board of Directors.
Law Intern Program, and the Mock Trial Competition. • You served over 3,500 people who would otherwise not be able to afford legal representation with free legal counsel and advice through the Dallas Volunteer Attorney Program. • You answered over 720 calls requesting legal advice through Legalline. • You presented the public with two important political debates through the Public Forum Committee. • You helped 5,750 people find representation through the Lawyer Referral Service. • You put on a Golf Tournament and raised over $40,000 for DVAP, and produced the Bar None variety show to raise money for minority scholarships—two great causes that also give our members an opportunity to have some fun. • You have supported the diversity of our membership and promoted inclusion of all members. Your list of accomplishments so far this year is simply amazing. It has taken a great commitment of time, money, and effort from so many members to realize these benefits to the community. I wish I could acknowledge and thank each one of you individually, and I hope that you all appreciate how important your contribution is to the Dallas Bar Association, Dallas ISD, and the City of Dallas. What I find most impressive is that you participate in these activities, charities, programs, and events in addition to what you do as an attorney in this town. First and foremost, we are all individual lawyers with court dates and mediations; clients and opposing counsel; husbands, wives, and children; and many other responsibilities. When you participate in the Dallas Bar Association, whether mentoring a high school student, presenting a CLE to your colleagues, providing legal advice to less fortunate members of our society, or serving on the board of directors, you do it in conjunction with the good work you do in your law practice. I am awed by the extra effort I see from so many of you. When I took on this position in January, I felt that “Honoring the Profession” was an appropriate theme because of the function we as lawyers serve in our society. I now feel that is an appropriate theme for what we do collectively, in addition to our practice, here at this special place we know as the Dallas Bar Association. Thank you all for all of your hard work throughout the first half of the year, and I look forward to your energy and HN participation for the last half of it.
Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Barry Sorrels President-Elect: Paul K. Stafford First Vice President: Sally Crawford Second Vice President: Scott McElhaney Secretary-Treasurer: Sean Hamada Immediate Past President: Ike Vanden Eykel Directors: Brad C. Weber (Chair), Jerry C. Alexander (Vice Chair), Kim Askew (At-Large), Penny Brobst Blackwell (President, Dallas Association of Young Lawyers), Eric Blue (President, J.L. Turner Legal Association), Hon. Rob Canas ( Judicial At-Large), Wm. Frank Carroll, Rob Crain, Laura Benitez Geisler, Hon. Martin Hoffman, Michael K. Hurst, Monica Latin (At-Large), Karen McCloud, Eunice Kim Nakamura (President, Dallas Asian American Bar Association), Mary Scott, Hon. Teresa Guerra Snelson (President, Dallas Hispanic Bar Association), Diane M. Sumoski; and Michele Wong Krause. Advisory Directors: Chip Brooker (President-Elect, Dallas Association of Young Lawyers, Victor N. Corpuz (President-Elect, Dallas Asian American Bar Association), Lori Hayward (President-Elect, J.L. Turner Legal Association) and Carlos Morales (President-Elect, Dallas Hispanic Bar Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Douglas S. Lang Directors, State Bar of Texas: Andy Payne, Christina Melton Crain, Beverly Bell Godbey, Ike Vanden Eykel, Frank E. Stevenson, II HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications / Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Advertising: Karla Howes PUBLICATIONS COMMITTEE Co-Chairs: Vincent J. Allen and Timothy G. Ackermann Vice-Chairs: Lea N. Clinton and Natalie L. Arbaugh Members: H. Joseph Acosta, Kevin Afghani, Nelson Akinrinade, Vance L. Beagles, Jason Bloom, Barbara Boudreaux, Jeremy Camp, Noel Chakkalakal, Y.W. Peter Chen, Ryan Cosgrove, Sally Crawford, Weston Davis, Pat Driscoll, David Drummer, Dawn E. Fowler, Jennifer Gajak, Constance Hall, James Holbrook, Dyan House, Victor Johnson, Harold Jones, Adam Kielich, Michelle Koledi, Cherika Latham, Jamie McKey, Patrick McLain, Thomas L. Mighell, Clay Miller, Jennifer Mitchell, Heather Bailey New, Emmanuel Obi, Jenna Page, Kirk L. Pittard, Elizabeth Pletan, Irina B. Plumlee, Laura Anne Pohli, Robert Ramage, Juan Renteria, Bryon Romine, John Roper, Gregory W. Sampson, Mary Scott, Barry Sorrels, Thad Spalding, Paul K. Stafford, John C. Stevenson, Amy E. Stewart, Scott Stolley, Roxana Sullivan, Sherry Talton, Peter S. Vogel, Suzanne R. Westerheim, Elisabeth Wilson, Sarah Q. Wirskye, Sarah Woodell, Angela Zambrano and Viktoria Ziebarth DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications / Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Coordinator: Rhonda Thornton Executive Assistant: Michelle Dilda Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewer: Marcela Mejia Law-Related Education & Programs Coordinator: Amy E. Smith Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gosal, Tina Douglas Data Entry/Office Support: Patsy Quinn Copyright Dallas Bar Association 2011. 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 Associationís sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
Jul y 2 0 1 1
D al l as Bar A ssoci ati on l Headnotes 5
Get Ready for a
Rockin’ Good Time! The Bands Are Lined Up for
Saturday, August 20, 2011 Doors open at 5:30 p.m. The Granada Theater—Lower Greenville Avenue Listen to great music by lawyer bands:
The Usuals 7:00 p.m. – Big Wheel 8:00 p.m. – Black Dirt Tango 9:00 p.m. – The Catdaddies 10:00 p.m. – Blue Collar Crime 11:00 p.m. – Wrecking Crew Midnight – The Blenders 6:00 p.m. –
Get Your Tickets Today at www.dbalawjam.org. Tickets: $25 in advance/$30 after August 8. Any proceeds benefit the Dallas Volunteer Attorney Program.
the dallas jewish communit y foundation presents the 16 th annual
professional advisors seminar Thursday, September 15, 2011 7:30 a.m. to 10:15 a.m. Westin Galleria 13340 Dallas Parkway Dallas, Texas 75240
Featuring guest speaker Christopher Hoyt Professor Christopher Hoyt is currently the Chair of the American Bar Association's Committee on Lifetime and Testamentary Charitable Gift Planning (Section of Probate and Trust) and serves on the editorial board of Trusts and Estates magazine and the Planned Giving Design Center.
Primary UnderwriTer
Earn 2 CE hours CLe, CPe, CLU, CFP, CTFa pending
Register online at djcf.org
major SPonSor
$55.00 before September 1st $65.00 after September 1st BeneFaCTor
For additional sponsorship opportunities, please call us at 214/615.9351 or e-mail info@djcf.org.
SUPPorTerS Bessemer Trust Cole & Reed, P.C. Financial Planning Associates Goldman, Sachs & Co. Hill Schwartz Spilker Keller LLC Jackson Walker L.L.P. Klein & Pollack, L.L.P. Philip Vogel & Co. PC Prescott Pailet Benefits LP Silverman Goodwin LLP Stanford M. Kaufman & Associates TravisWolff Independent Advisors & Accountants U.S. Trust, Bank of America Private Wealth Management Weaver Wells Fargo
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
Jul y 2011
Judicial Profile: Hon. King Fifer by Jason P. Bloom
From the start of his law career, in which he practiced insurance defense, to his seat on the bench, where he ensures that the law is followed, Judge King Fifer has considerable experience and knowledge in the inner workings of the law. Born in the East Texas town of Tyler, Texas, Judge Fifer and his family moved to Dallas when he was in the fourth grade, and he has since considered Dallas to be his true home. Judge Fifer grew up in the Lake Highlands area and graduated from Lake Highlands High School. After graduating from high school, Judge Fifer went on to the University of North Texas. He then transferred to the University of Texas at Dallas, where he graduated with a degree in Government and Politics. While earning his degree, Judge Fifer interned for an educational lobbying group in Washington D.C. It was there that he first became fascinated with the law. At the encouragement of his employer on Capitol Hill, Judge Fifer decided to attend law school at the University of Tulsa. While there, Judge Fifer contacted his family’s long-time neighbor and church acquaintance,
the Honorable Merrill Hartman, and requested a summer clerkship. Judge Hartman, who at the time presided over the 192nd District Court, obliged, and it was during that summer that Judge Fifer’s love for the law and the judicial process was solidified. “I said then and there, ‘this is what I want to do. I want to do litigation and, if possible, someday become a judge’,” recalled Judge Fifer. He fondly recounts a products liability trial involving marine products that he observed in Judge Hartman’s court. Although the dispute was hotly contested, Judge Fifer so admired the civility and skill of the lawyers and the manner in which the proceedings were handled that he knew he would like to be a trial lawyer and, one day, a judge. He pursued these goals after graduating from law school in 1992. And after 14 years as a trial lawyer, focusing mainly on construction litigation,
understands the pressures that lawsuits can place on clients and attorneys alike. He strives to reduce those pressures by creating a courtroom environment where litigants can feel relaxed. At the same time, he believes formalities are crucial to the process, especially in jury trials, and strives to adhere to them. Judge Fifer also believes that it is extremely important for young litigators to have opportunities, as he did, to watch great trial lawyers in action. He encourages firms to allow their young Judge King Fifer attorneys to not One of Judge Fifer’s goals as a jurist only observe trials and hearings, but to is to ensure that all litigants in his court take an active role in the proceedings. “I would encourage young lawyers are treated fairly and that attorneys get an opportunity to try their cases to watch other seasoned, experienced in a timely and cost-effective manner. lawyers try cases,” he said. “There is Since Judge Fifer assumed the bench, enormous pressure to be profitable, but the average time it takes for a case to there is also a tremendous responsibilget to jury trial has been decreased to ity to be effective.” Among his many accomplishments, between 20 and 24 months. He hopes to see that time reduced to 18 months Judge Fifer was named Trial Judge of the Year in 2009 by the Dallas Chapter during his tenure. “Our job as the third branch of gov- of the American Board of Trial Advoernment is to make sure that we have cates. While the award is proudly disan orderly disposition and administra- played in his office, it is nearly swaltion of justice in our community,” he lowed by more than 20 pictures of the said. “I want to let the lawyers try their accomplishments he holds most dear, cases. I don’t want to be part of the his two sons and his wife of 15 years. problem. I want to be part of the solu- And he now lives with his family in the same Lake Highlands neighborhood in tion.” HN Judge Fifer aims to reach a just and which he was raised. fair result in every case that comes before him. He stated, “My objective is Jason Bloom is an associate in Haynes and Boone’s Busito get it right. Some folks can’t afford ness Litigation and Intellectual Property Litigation Practice to appeal. The odds are that my ruling Groups and focuses his practice on copyright, trademark may be the only one some people get.” and First Amendment litigation. He can be reached at jaAs a former trial lawyer, Judge Fifer son.bloom@haynesboone.com. representing architects, engineers and general contractors, Judge Fifer was elected to the bench in 2006. He began his career as a judge just as his long-time mentor, Judge Hartman, was retiring.
“Our job as the third branch of government is to make sure that we have an orderly disposition and administration of justice in our community.”
Minority Clerkship Luncheons Hear About Working in Dallas
Friday, July 8, Noon Panelists: Eric Blue of Akin, Gump, Strauss, Hauer & Feld, L.L.P.; Eunice Nakamura of Vincent Lopez Serafino Jenevein, P.C.; and Hon. Teresa Guerra Snelson, Associate Judge, Civil District Courts. Moderated by Tino A. Ramirez of Ramirez & Associates At the Belo Mansion For more information or to RSVP, e-mail BAvina@dallasbar.org.
Ted M. Akin Voted # 1 Best Individual Mediator/Arbitrator in Dallas - Texas’ Best Survey
H H H H H H H H 3023 Hester Avenue Dallas, Texas H 75205-3525 (214) 821-6370 H www.judgeakin.com
4,000+ Cases Mediated Full-Time Mediator for 21 Years 90%+ Settlement Rate 35 Years of Judicial Experience Justice Retired, 5th Court of Appeals of Texas Member - National Academy of Distinguished Neutrals Member - The Association of Attorney Mediators Distinguished Mediator - Texas Mediator Credentialing Association Panel - FINRA Dispute Resolution Panel - CPR: International Institute for Conflict Prevention & Resolution
Mediator H Arbitrator H Special Judge
J ul y 2 0 1 1
D al l as Bar A ssoci ati on l Headnotes 7
DBA 100 CLUB—Get on the LIST! What is the DBA 100 Club? The DBA 100 Club is a special membership recognition category that reflects a commitment to the advancement of the legal profession and the betterment of the community. The DBA 100 Club is a distinguished membership recognition category that consists of Firms and Government agencies with two or more attorneys as well as corporate legal departments that have 100% membership in the DBA. Recognition for 100% support is given to the 2011 DBA 100 Club members in our June, July and August Headnotes and at our Annual meeting in November. Please note that the DBA 100 Club is open for renewal annually to every firm. We do not automatically renew a firm’s membership due to changes in firm rosters from year to year. Do you see your name on the list? If not, you need to GET ON THE LIST! To become a 2011 DBA 100 Club member, please submit your request via email and include a list of all lawyers in your Dallas office or corporate legal department to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2011 DBA 100 Club! Send in your list by July 8th and your firm will be added to the August DBA 100 Club Headnotes recognition list.
Get on the list TODAY! DBA 100 Club Members as of June 13, 2011 Law Firms with 2 to 5 Attorneys Lillard Wise Szygenda PLLC A. William Arnold III & Associates, P.C. Lippe & Associates Abigail & Berthoff Fernandes PLLC Lori A. Leu & Associates Ackerman & Savage, L.L.P. Maris & Lanier, P.C. Adair, Morris & Osborn, P.C. Marshall & Kellow, LLP Aldous Law Firm McShane & Davis, L.L.P. Alexander Dubose & Townsend LLP Milby, PLLC Anderson & Brocious P.C. Miller and Bennett, Attorneys Ashcraft Law Firm and Counselors Ashley & Laird Miller Mentzer, P.C. Atkins, O’Toole & Briner, L.L.C. Mills & Williams L.L.P. Ayres Law Office, P.C. Mincey-Carter, PC Badmus Law Firm Mitchell, Goff & Mitchell, LLP Barnett • McNair • Hall, L.L.P. Owens Hervey PLLC Brousseau Graham & Dooley Pace & Pace, L.L.P. Brown Fox PLLC Pezzulli Barnes, LLP Buchanan & Bellan, L.L.P. Prager & Miller, P.C. Buether Joe & Carpenter, LLC Pratt & Yungblut, P.C. Busch Ruotolo Simpson LLP Quaid & Quaid, L.L.C. Calloway, Norris, Burdette & Weber, Ramirez & Associates, P.C. PLLC Rasansky Law Firm Collins Law Group PC Reed & Riordan, P.L.L.C Crain Lewis, L.L.P. Reese Gordon Marketos, LLP Curtis | Castillo PC Richardson Koudelka, LLP Daniel Sheehan & Associates, LLP Rochelle & Rankin LLP Dedman & Handschuch PLLC Schorr Law Firm, PC Dement, Roach & Stern, PLLC Schuerenberg & Grimes, P.C. Diamond | Apgar, LLP Sheils Winnubst, PC Edwards & de la Cerda, L.L.C. Sherman & Yaquinto, L.L.P. Eggleston & Chambers, L.L.P. Smith, Stern, Friedman & Nelms, P.C. Ellis & Tierney, LLP Stromberg Stock Fair & Watts, P.C. Suggs Law Firm, P.C. Hamilton & Squibb, LLP Sullivan & Holston Hance & Wickham, P.C. The Bhatti Law Firm, PLLC Holmes Firm PC The Blend Law Firm, P.C. Horton & Archibald, P.C. The Draper Law Firm, P.C. Jameson & Powers, P.C. The Elliott Law Firm, P.C. Johnson Noriega PLLC The Foret Law Firm Johnston u Tobey, P.C. The Krenik Law Firm, PLLC Judd & Associates, PLLC Tillman Betanzos LLP Kapioltas & Forni, PLLC Tobolowsky & Burk, P.C. Keane, Fowler & Donohue Vela | Keller P.C. Kelly, Durham & Pittard, LLP Walker & Long Koning Rubarts LLP Winn, Beaudry & Winn, L.L.P. Koons Real Estate Law Woodward & Shaw Law Office of Emily Horton PLLC Yarbrough & Elliott, P.C. Law Offices of Richard A. Gump, Jr., P.C. Zaby & Associates Lewis Brisbois Bisgaard & Smith LLP Law Firms with 6 or More Attorneys Lidji Dorey & Hooper Ackels & Ackels, L.L.P.
Addison Law Firm P.C. Anderson Tobin, PLLC Andrews Barth & Harrison, PC Baker Botts L.L.P. Ben Abbott, P.C. Blanscet Sutherland Hooper & Hale, LLP Brown & Hofmeister, L.L.P. Burford & Ryburn, L.L.P. Carrington, Coleman, Sloman & Blumenthal, L.L.P. Carstens & Cahoon, LLP Condon Thornton Sladek Harrell LLP Cowles & Thompson, P.C. Curran Tomko Tarski LLP David, Goodman & Madole, P.C. Deans & Lyons, LLP ELROD, PLLC Fletcher, Farley, Shipman & Salinas, LLP Ford, Nassen & Baldwin, P.C. Fulbright & Jaworski L.L.P. Godwin Ronquillo PC Goldfarb Branham LLP Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC Griffith Nixon Davison, P.C. Gruber Hurst Johansen Hail Shank LLP Guida, Slavich & Flores, P.C. Hankinson Levinger LLP Haynes and Boone LLP Hiersche, Hayward, Drakeley & Urbach, P.C. Johnson, Jordan, Nipper & Monk, P.C. Kessler Collins, P.C. Klemchuk Kubasta LLP KoonsFuller Kroney Morse Lan, PC Little Pedersen Fankhauser LLP Littler Mendelson, P.C. Loewinsohn Flegle Deary L.L.P. Lynn Tillotson Pinker & Cox, L.L.P. Macdonald Devin, P.C. Malouf Lynch Jackson & Swinson, P.C. Matthews, Stein, Shiels, Pearce, Knott, Eden & Davis, L.L.P. McCurley, Orsinger, McCurley, Nelson & Downing, L.L.P. McKool Smith P.C. Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P.
Munsch Hardt Kopf & Harr, P.C. Passman & Jones, P.C. Riney Palter PLLC Sayles Werbner, P.C. Scheef & Stone, L.L.P. SettlePou Sorrels, Udashen & Anton Stacy & Conder, L.L.P. Staubus & Randall, L.L.P. Stinnett Thiebaud & Remington L.L.P. Susman Godfrey L.L.P. Taber Estes Thorne & Carr PLLC The Bassett Firm, P.C. The Hartnett Law Firm The Law Offices of Frank L. Branson, P.C. Thompson & Knight LLP Thompson, Coe, Cousins & Irons, LLP White & Wiggins L.L.P. Winstead PC Zelle Hofmann Voelbel & Mason LLP Corporate Legal Departments Alon USA Energy Inc. Austin Industries, Inc. Baptist Foundation of Texas Belo Corp. Contran Corporation Front Burner Restaurants, LP Genesco Sports Enterprises Hexter-Fair Title Company MetroPCS Communications, Inc. Morgan Management Corporation ORIX USA Corporation Tenaska Power Services Co. Government Agencies City of Irving
Mark Werbner: DBA Trial Lawyer of the Year 2011 CONTINUED FROM PAGE 1
the first case that Mark ever presented. Judge Lynn said Mark would absolutely not consider anything other than a victory. She said that spark was evident in everything that he did, and it was also evident that Mark was going to find a way to succeed with the jury. “It was wonderful to see such spark and desire in a trial lawyer—a spark and desire that has continued to this day through a long and distinguished career,” said Judge Lynn. Mark is deeply impressed with the equalizing power of juries in righting wrongs of powerful wrongdoers. “I am living in a dream come true,” he says. “I always wanted to be a jury lawyer helping the underdog win—and now I get to
do that on a frequent basis.” There are two principal driving forces for Mark. First, he loves the process of educating the jury to the point of understanding and appreciating the complexities of the facts. Next, he clearly and convincingly establishes the wrong in the defendant’s conduct and how the little guy has been beaten down and not given a fair shake. Mark knows the jury has the power to even the odds and compensate the injured person in a fair manner. Mark has established his mastery in the field of jury selection and persuasion in proving up his clients’ rights in various types of cases. The principal four areas of his jury successes are business litigation, personal injury wrongful death, product liability and white
collar/criminal defense. He is certified in Texas in both Civil Trial Law and in Criminal Defense Law—a highly unique honor. Mark has regularly tried white collar and criminal defense cases and secured high-profile acquittals in both areas. Mark gives credit for having had excellent mentors like Jim Coleman, Judge Barbara Lynn, Dick Sayles and other trial lawyers at Carrington Coleman. Each of those lawyers is a highly skilled and accomplished trial lawyer who was always ready and willing to go to trial. Mark credits his early years at Carrington Coleman for instilling that fearless and aggressive attitude—which has stood him well over the years. Justice Morris says of Werbner’s focus on the jury: “Mark loves juries and juries
love him.” Mark, a partner at Sayles Werbner, P.C., is an active member of the Dallas Bar Association, the American Bar Association and the State Bar of Texas. He is a frequent speaker at state and local bar events and serves as a Co-Chair at the Bench Bar functions. He is licensed to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth Circuit and all U.S. District Courts seated in Texas. Mark’s achievements and successes as a trial lawyer are truly of legendary quality. And, he has years and years to HN go in his practice. Bob Mow is a partner at K&L Gates. He is Board Certified in Civil Trial Law and a member of the American College of Trial Lawyers. He can be reached at bob.mow@klgates.com.
8 He a d n o t e s l D a l l a s B a r A s s o ciation
Jul y 2011
Bar None XXVI Brings Laughs, Entertainment and Scholarship Funds Entertaining, hilarious and comical—three words that describe this year’s Bar None XXVI show. The cast, made up of more than 50 performers from the legal community, revealed their on-stage talent, proving that their abilities extend beyond practicing law. The entertainment lasted for four nights in June, led by show director Martha Hardwick Hofmeister, choreographer Rhonda Hunter and producer Tom Mighell. Thanks to the Dallas Bar Foundation and these hard-working singers, dancers and actors, more than $1.3 million has been contributed to the Sarah T. Hughes Diversity Scholarships at SMU Dedman School of Law, and benefited 44 law students. For more information, visit http://www.barnoneshow.com.
Thank You, Bar None Sponsors!
On behalf of the Sarah T. Hughes Diversity Scholarship, the Dallas Bar Foundation salutes and thanks the following sponsors of Bar None XXVI. Their generous contributions not only benefit the scholarships, but they made this year’s show possible.
Mogul
DBA Business Litigation Section • Point MultiMedia
Producers:
Baker Botts • DBA Real Property Section • Sarah T. Hughes Alumni Scholars
Directors:
Cooper & Scully, P.C. • DBA Trial Skills Section • Exxon/Mobil • Fulbright & Jaworski • Jeff & Mickie Bragalone Foundation • Shackelford, Melton & McKinley • Texas Lawyer
Stars:
Altrusa International Downtown Dallas, Inc. • Brown & Hofmeister • Burdin Mediations • Leon Carter • Cowles & Thompson, P.C. • DBA Appellate Section • DBA Bankruptcy & Commercial Law Section • DBA Mergers & Acquisitions Section • DBA Tort & Insurance Law Section • Al Ellis • Federal Bar Association, Dallas Chapter • Frenkel & Frenkel • Goranson Bain • Jones Day • Linebarger Goggan Blair & Sampson, LLP • Judge Marty Lowry • Munck Carter, LLP • Sorrels, Udashen & Anton • Thompson & Knight
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D al l as Bar A ssoci ati on l Headnotes 9
Bankruptcy Law
New Bankruptcy Rules by Gary A. Armstrong
Effective December 1, 2011, new amendments to the Rules of Bankruptcy Procedure will affect the claims process in consumer bankruptcy cases, affect Rule 2019 disclosure requirements in Chapter 11 and 9 cases, and make other miscellaneous changes. For claimants in consumer cases, Rule 3001 now prescribes in greater detail the supporting information that must accompany proofs of claim. Claimants must itemize their claim between principal, interest and other charges. Secured claimants must state the amount necessary to cure any default. Mortgage claimants also must provide an escrow account statement effective as of the petition date. Failure to provide the required information can result in exclusion of the creditor’s omitted information at trial, or other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure. Consumer debtors often file Chapter 13 cases to save their home from foreclosure. Chapter 13 allows debtors to propose a plan to catch up on their home mortgage by the end of the Chapter 13 case. Sometimes, additional mortgage collection fees and charges accrue and do not get paid during the bankruptcy case, thus frustrating the debtor’s attempt to cure the mortgage default. New Rule 3002.1 attempts to address this problem by requiring mortgage creditors to file a supplemental proof of claim within 180 days after a fee, expense, or charge is incurred. Thereafter, the Court may determine whether the supplemental claim should be paid through the
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plan. Finally, the new Rule provides for an order determining whether the debtor has cured the default and paid all required post-petition amounts under the mortgage loan. For Chapter 11 lawyers, the most significant development is the reworking of Rule 2019, which addresses disclosure requirements for certain unofficial groups of creditors seeking to influence Chapter 11 and Chapter 9 cases. The amended Rule requires disclosure of certain financial information by all committees or groups that consist of, or represent, more than one creditor or equity security holder. The Rule also deletes the requirement to disclose the amount paid for a claim, unless required by the court. The Rule also clarifies that the Court may order any relief appropriate for the Rule’s violation. Of general interest to all practitioners, and especially trustees, is the amendment to Rule 2003(e). The amended rule provides that if a meeting
of creditors or equity security holders is adjourned, the presiding official must promptly file a statement specifying the new time at which the meeting is adjourned. Previously, no further notice of the adjourned meeting was required. The remaining rules changes make certain technical amendments. New Rule 1004.2 requires that petitions for recognition of a foreign proceeding under Chapter 15 of the Bankruptcy Code designate the country where the debtor has its “center of main interests” and the country where the foreign proceeding is pending. The rule also sets forth a procedure and time limit for challenging the designation. Rule 4004 is amended to allow a party in interest to file a motion to extend the time to object to discharge, even if the deadline to file a motion to extend has previously expired. This Rule applies in the limited circumstance where the discharge order has not yet been entered, the movant alleges facts
that would provide a basis for revocation of the discharge under section 727(d) of the Bankruptcy Code, and the movant did not have knowledge of those facts in time to permit an objection prior to expiration of the deadline to file such motions. Bankruptcy Rule 6003, as amended, clarifies that the 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance. In addition to the new rules, conforming changes to certain forms are also proposed. A copy of the new rules can be obtained from the Supreme Court’s website at: www.supremecourt.gov/orders/ courtorders/frbk11.pdf. Gary A. Armstrong is a DBA member and is a shareholder with Armstrong Kellett Bartholow P.C., a consumer credit and bankruptcy boutique. He can be reached at gary@akbpc.com.
10 H e a d n o t e s l D a l l a s B a r A s s o ciation
Jul y 2011
Column Writing on Writing
Quotation Disease by Scott P. Stolley
A common disease in legal writing is overreliance on quotations. Lawyers love to quote from statutes, regulations, law reviews, treatises, dictionaries, and, most importantly, caselaw. Lawyers think that the liberal use of quotations is persuasive because it shows off their scholarship. They think it demonstrates that their case is righteous because it shows that other smart people support them. More often than not, however, the fascination with quotations backfires.
Bad Form
Overuse of quotations (especially stringing quotations together) will reveal you to be a quotation assembler—a mere compiler of others’ work, not a writer. This gives your writing a cut-and-paste appearance, which is bad form for at least three reasons. First, courts usually want to see your reasoning and your thought process — not someone else’s. They want to be confident in your ability as a legal analyst and writer. They are more likely to rule for you when you demonstrate this ability. The second reason is related to the first. Overreliance on quotations exhibits a certain laziness. It also shows a level of insecurity in your abilities or your case or both. This can be deadly. If you don’t care enough about your case to write in your own words, then why should
the court care about your case? If you are insecure about your ability, why should the court be confident in your proposed result? If you are uncertain about your case, how much certainty will the court be able to muster on its own? Third, when you write in your own words, your argument is more likely to be clear and forceful. You know your case the best, so state it in your words, not in the borrowed words that don’t necessarily fit.
Some Cures
The first cure for quotation disease is to quote sparingly. Minimize the number of quotations you use. Insert a quotation only if it sparkles in a way that your writing never will on that particular point. If the quotation doesn’t sparkle, then find a way to accurately paraphrase it. When you do insert a quotation, make it as trim as possible. Excise the words that don’t help carry your message. Also, use quotations only as support, by stating the point in your own words, followed by a corroborating quotation. Finally, there is one place where stringing together quotations is probably acceptable, namely, in your statement of the standard of review. Quoting these formulaic rules is probably more comforting to a court than a stilted paraphrase.
Block Quotations
Block quotations are an especially deadly
strain of quotations. First, they tend to interrupt the reader’s flow—a bad side effect when you want to move the reader in your direction. Second, judges often don’t read block quotations. Notice that in doing your own reading, you will tend to skip block quotations. Why would judges be any more immune to this tendency? Sometimes, though, only a block quotation will serve. This can happen most often when the construction of particular contract, statutory, or regulatory language is at issue. In those circumstances, the court will usually want to read the pertinent language firsthand and not as a paraphrase. If you must use a block quotation, reserve their use for quotations that exceed four lines of text or 50 words. Anything shorter can stay as a textual quotation. Also, trim as much out of the block quote as you can. You might even be successful in trimming it below the length threshold so that it can stay in the text.
Lead-Ins
A final cure—indeed, a mandatory cure for block quotations—is to begin with a leadin to the quotation. This consists of a statement that introduces the gist of the quotation. So, for example, if you are quoting a statute, your lead-in might read like this: “In the statute, the Legislature specified four requirements to obtain a license: [followed by a trim block quotation of the statute].”
Avoid formulaic and non-informative lead-ins, such as “The court held: . . . .” or “The statute reads in pertinent part: . . . .” Instead, give the court a roadmap for what the block quotation says. This makes it more likely that the court will read and understand the quotation.
Punctuation
Proper punctuation also makes quotations more readable. If the quotation is a complete sentence, precede it with a comma or a colon, and capitalize the first word. If it is not a complete sentence, omit any preceding punctuation and do not capitalize the first word. Commas or periods go inside the final quotation mark, while colons and semicolons go outside. Exclamation points and question marks go inside the final quotation mark only if they are part of the quoted material. Do not use quotation marks at the beginning or the end of a block quotation. Because credibility is so important, be meticulous about using brackets and ellipses to show any changes you made to the quoted material. But if the brackets and ellipses proliferate to the point of being annoying, then ditch the quotation HN and paraphrase it instead.
Scott P. Stolley is the leader of the Appellate Practice Group at Thompson & Knight LLP. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He can be reached at scott.stolley@tklaw.com.
Summertime in the City…and Law Firms by Jessica D. Smith
More than 25 students from the Dallas Independent School District and 27 Dallas law firms are participating in the DBA’s 2011 Summer Law Intern Program. Through this program, students who are entering their senior year are chosen to experience the structure and hands-on demands of an office environment. Not only do they gain self-confidence, they also have the opportunity to experience and learn about professionalism. During the program, the interns also enjoy courthouse tours and other educational programs hosted by the DBA. “The Summer Law Intern Program gives
deserving students the opportunity to experience the law field for the first time,” said past participant Christina Maturino of Woodrow Wilson High School, currently a student at Southern Methodist University and file clerk at Cowles & Thompson, P.C. “The firms truly believe in the student interns and want to maximize their experiences that includes office skills that will stay with the students no matter what profession they decide to pursue.” In May, the program was recognized as a Business and Community Star by the Dallas ISD Career Education & Workforce Partnerships. The program is funded by the Dallas Bar Foundation, and would not be possible without
the generosity of the firms and legal departments who open their doors each year to new interns. A special thanks to The McFarlin Firm, for providing funding to place an intern at the Dallas Volunteer Attorney Program. And, thanks to the sister bar associations—Dallas Asian American Bar Association, Dallas Association of Young Lawyers and J.L. Turner Legal Association, an intern was placed at CitySquare, formerly Central Dallas Ministries. Co-chairs of the 2011 Summer Law Intern Program are Ryan McFarlin, of The McFarlin Firm, PLLC, and Erin Woodward Peirce, of Lori A. Leu & Associates. To get involved in next year’s Summer Law Intern Program, contact Amy Smith at asmith@dallasbar.org HN or log on to www.dallasbar.org. Jessica D. Smith is the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.
The Summer Law Intern Program Co-Chairs Erin W. Peirce and Ryan McFarlin were recognized as a Business and Community Star by the Dallas ISD Career Education & Workforce Partnerships.
DVAP’s Finest Rani Guerra
Rani Guerra is a Corporate Finance Associate with Patton Boggs LLP. She has volunteered with DVAP since 2006. Since January 2008, she has donated over 250 hours in pro bono time. She has handled more than 20 simple uncontested divorce cases, often finalizing them at DVAP’s monthly evening prove-ups at the courthouse, and regularly interviews clients at South Dallas Clinic. Rani would like to thank her assistant, Darlene Taber, for her tireless help and support on pro bono matters. Thanks for all you do, Rani!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
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Dal l as Bar A ssoci ati on l Headnotes 11
Bankruptcy Law
Practical Advice for Appearing in Very Busy Bankruptcy Courts by Judge Harlin D. “Cooter” Hale
The local bankruptcy courts, and frankly all divisions of Texas and most across the country, are swamped. Filings have now reached record numbers and the courts are experiencing extraordinary courtroom time. This article provides practical suggestions for appearing in bankruptcy court in times when dockets are full and courtroom time is limited. 1. Familiarize yourself with the court’s calendar. There are three bankruptcy judges in Dallas. We all set our routine matters on different days to accommodate the bar. Make sure you know when your judge hears motions to lift stay (our most common motion) and Chapter 13 cases (the most frequently filed bankruptcy case). 2. Look at our website (www.txnb. uscourts.gov). The bankruptcy court website is terrific. One can find form pleadings, issued rulings, local rules and judge-specific requirements. For example, the website will tell you whom to contact for settings and how to do so. 3. We are high-tech. Our rules require electronic filing. And, except for long pleadings, such as motions for summary judgment and plans and disclosure statements, we generally do not receive paper copies. The judges usually do not sign orders manually. In other words, you don’t need to bring an order to the hearing. We will want it uploaded through our order processing system. Also, we have very nice equipment in our courtrooms allowing for persuasive presentations of evidence. Ahead of your court date, you might want to make arrangements to come over and
practice. 4. Consider negative notice. Many matters can be resolved on negative notice. Look at the local rules. For those matters, just file your motion, notice it out properly and wait for objections. If none are received, upload a certificate of no objection and your motion should be granted without a hearing. 5. Consider self-calendaring. We let the inmates run the asylum, as far as many settings go. Our local rules allow for the setting of certain motions, which will take 30 minutes or less, on our selfcalendar dockets. Check the website and local rules and consider setting the matter at a time convenient to you and your client. 6. We allow telephone and video hearings. The rules and website tell you how to arrange a telephone or video appearance. The court will allow both upon proper request and under the right circumstances. 7. Keep your pleadings short. Your motion does not have to be a current version of Gone with the Wind. We hear repeated motions in most of our cases. The judges know the basics and the statutes. Tell us what happened and why you should win. 8. Exchange witness and exhibit lists timely. The rules provide deadlines for the exchange of witness and exhibit lists. Don’t blow those times or you may not be able to put on your case. 9. Think about proffers. In the undersigned’s experience as a lawyer, proffers help one make a more complete record. The judges generally will allow proffers of direct testimony, so long as the witness is in the courtroom and available for cross-examination. Let the
other side know you intend to proffer and most of the time direct testimony can come in this way. 10. Keep your argument focused. Remember that virtually all bankruptcy matters are tried by judges, not juries. Usually, the judge and the law clerk have read your papers and discussed your matter before the hearing. Often, there is no need to make extensive opening arguments, especially those which repeat your pleadings. 11. Consider Findings and Conclusions. Supply the court with a roadmap before the hearing and revise it to comport with the trial after the hearing. Make it easy for the judge to rule in your favor.
12. Ask—we are user-friendly. The bankruptcy court and clerk’s office try to be helpful. If you have a question, call or email the clerk’s office. Often, a good place to start is the judge’s courtroom deputy. If the answer lies more properly with the court’s chambers, someone will find out the answer and tell you. In the words of my grandmother, “We are busier than the Lord intended us to be.” At least, this is true in the bankruptcy world these days. Hopefully, the suggestions above will help you get your bankruptcy matter filed, set and heard in HN an efficient manner. Judge Hale became a Bankruptcy Judge in November 2002. He can be reached at judge_harlin_hale@txnb.uscourts.gov.
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Jul y 2011
Bankruptcy Law
Disclosing Confidential Information of an Insolvent Entity by Frank L. Broyles
There are a variety of circumstances in which a lawyer can be forced to resolve a conflict between the duty to preserve a client’s confidential information and the duty to disclose such information to third parties to prevent either a crime or fraud or participation in a crime or fraud, a conflict Maryland’s highest court termed a “legal ethics nightmare.” Attorney Grievance Commission of Maryland v. Rohrback, 591 A.2d 488, 489 (Md. 1991). The issue is significant because lawyers who mishandle such situations can suffer both ethics sanctions and direct or derivative liability under various theories including conspiracy and aiding and abetting management’s breaches of fiduciary duty. This significance, as well as attorney risk, rises when the client is insolvent since the duties owed to creditors increase. See e.g., Milbank v. Holmes (In re TOCFHBI, Inc.), 413 B.R. 523, 533-534 (Bankr. N.D. Tex. 2009). Recently this “legal ethics nightmare” was tackled by the Professional Ethics Committee for the State Bar of Texas in the context of the insolvent, closely held corporation. Tex. Comm. on Prof’l Ethics, Op. 603 (2010), 74 Tex. B.J. 74 (2011). The specific question addressed by the Committee was: Do the Texas Disciplinary Rules of Professional Conduct require or permit a lawyer to reveal to a[n insolvent] corporation’s creditors the lawyer’s advice to the corporation that the person who owns and manages the corporation has engaged in conduct that
constitutes a breach of the person’s fiduciary duties to the corporation? Material facts identified by the Committee were: (1) a single individual owns and manages the corporation, (2) the corporation is insolvent, (3) the lawyer representing the corporation has concluded that the managing individual is breaching the manager’s fiduciary duties to the client corporation which is likely to cause significant harm to the corporation’s creditors, (4) the attorney has advised the manager that offensive conduct constitutes a breach of fiduciary duties owed to the corporation and should be stopped, and (5) the manager has disregarded the advice and specifically instructed the attorney not to make disclosure to the corporation’s creditors. The Committee began its analysis by emphasizing what it considered the paramount obligation of an attorney: the obligation to preserve “confidential information” under Disciplinary Rule 1.05(b). The Committee then considered the exceptions provided in Rule 1.05 and focused on the permissive disclosure exception to confidentiality provided in Rule 1.05(c)(7). That exception permits a lawyer to reveal a client’s confidential information “[w]hen the lawyer has reason to believe it is necessary to do so in order to prevent the client from committing a criminal or [actual] fraudulent act.” It ultimately concluded that, under the particular facts and assumptions of the opin-
ion, an attorney is never required to disclose confidential information to creditors but may make such disclosure if: (1) management’s breaches of fiduciary duty would cause the corporation to engage in actual fraud which would likely result in substantial financial harm to the creditors, (2) the lawyer has unsuccessfully attempted to dissuade management from committing the fraud, (3) the lawyer believes disclosure to one or more of the corporation’s creditors will prevent the fraud, and (4) the lawyer believes no less drastic action will prevent the fraud. The Committee limited the scope of its opinion by two critical assumptions. First, it assumed that the insolvency of the corporation prevented the corporation from suffering any “corporate harm” as a result of the manager’s breaches of fiduciary duty. Second, it assumed that the lawyer was not a participant to the crime or fraud. Although the impact of these assumptions on the Committee’s conclusions is
beyond the scope of article, they are quite significant because they removed from the Committee’s consideration the mandatory disclosure requirements of Rules 1.05(f) and 1.12(b). A contextual discussion of these mandatory disclosure obligations, under both the Texas Disciplinary Rules of Profession Conduct and the ABA Model Rules, appears in my article, “Duty of Lawyers Representing Insolvent Debtors to Disclose Confidential Information to Creditors,” which appears in the April 2011 ABI Journal. Although Opinion 603 dealt with the insolvent entity, its guidance is not that limited. Where management of any client entity is breaching duties owed to that entity—or its customers, creditors or equity owners—the conclusions provided in Opinion 603 might well apply. Frank L. Broyles is a partner in the Dallas law firm of Goins, Underkofler, Crawford & Langdon, LLP and has been board certified in business bankruptcy law by the Texas Board of Legal Specialization since 1990. He can be reached at frankb@gucl.com.
NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/dallas-lawyer-referral-service or call (214) 220-7499.
Trade Creditors in Bankruptcy Continued from page 1
III. Trade Creditor Remedies The following are some potential remedies available to a trade creditor: (i) Stopping goods in transit: Following the petition date, a trade creditor should investigate if the debtor has ordered goods on credit that haven’t been delivered. If your client is in this situation, consider stopping shipment of the goods. (ii) Critical vendor: In Chapter 11 cases, courts sometime approve a debtor’s request to pay certain pre-petition claims of trade creditors in exchange for them agreeing to continue supplying goods to the debtor on similar or better terms. Such creditors are believed to be
so critical to the debtor’s reorganization that the debtor cannot risk discontinuing its relationship with those creditors. If your client is considered a critical vendor, request that the debtor ask the court for full payment of the claim. (iii) Reclamation: A trade creditor may assert a reclamation claim for goods it sold to a debtor, in the ordinary course of the creditor’s business, within the 45 days prior to the petition date if the debtor was insolvent when it received the goods. The claim requires a written demand sent to the debtor within 45 days after the debtor received the goods or, if such period expired after the petition date, within 20 days after the petition date.
(iv) 503(b)(9) claim: A trade creditor may assert an administrative claim for the value of goods it sold in the ordinary course and received by the debtor within 20 days before the petition date. Unless the court orders otherwise, a 503(b)(9) claim should be asserted by filing an application with the court. (v) Proof of claim: A proof of claim should be filed by a trade creditor, especially when the creditor disagrees with how its claim is scheduled by the debtor. IV. Retaining Bankruptcy Counsel Bankruptcy, like patent law and healthcare law, is a sophisticated practice. Whether or not your client should retain experienced bankruptcy counsel
depends on a variety of factors, including the amount of the claim, the potential for recovery on the claim, the complexity of the issues presented to your client, your familiarity with bankruptcy law, your ability to monitor the bankruptcy case and your proximity to the bankruptcy court hearing the bankruptcy case. Bankruptcy courts will not allow attorneys to file pleadings or appear before them unless they are admitted to appear in that court. Kevin Lippman is a shareholder in the Reorganization/Corporate Finance group at Munsch Hardt Kopf & Harr, P.C. Jonathan L. Howell is an associate in the Reorganization/Corporate Finance group at Munsch Hardt Kopf & Harr, P.C. They can be reached at klippman@munsch.com and jhowell@munsch.com, respectively.
J ul y 2 0 1 1
Inspiring Women 2011
Dal l as Bar A ssoci ati on l Headnotes 13
The Belo Mansion was full of fun, flair and fashion at the fourth annual “Inspiring Women” CLE event. More than 500 members of the Dallas legal community came to hear inspiring stories from the esteemed women of the bar who related humorous and honest insights into professionalism and how they have reached the pinnacles in their careers. In addition to a distinguished panel, the event also included a fashion show, featuring designs from St. John Boutique Dallas. Those participating in the panel included Debbie Branson, of the Law Offices of Frank Branson; Karen Gren Johnson, of Jones Day; Harriet Miers, of Lock Lord Bissell & Liddell LLP; Hon. Mary Murphy, of the 5th District Court of Appeals; Sarah Saldaña, of the U.S. Attorney’s Office; and Julia Simon, of Mary Kay Inc.
Focus
Bankruptcy Law
It’s a Good Time to Be a Bankruptcy Lawyer…Right? by Tricia R. DeLeon and Lauren C. Kessler
Blockbuster, Borders and the Texas Rangers all filed bankruptcy within the last year. Despite these newsworthy debtors, fewer businesses sought bankruptcy protection under Chapter 11 in 2010 and 2011. Is this an indication of healthier economic times? Probably not. Consumer bankruptcies continue to rise. The Honorable Barbara Houser, Chief Judge of the United States Bankruptcy Court for the Northern District of Texas, said that while bankruptcy filings may be “leveling out,” she does “not see an end in sight.”
Did Bankruptcy Filings Peak in 2009?
In 2009, the Northern District of Texas’ total bankruptcy filings increased by 30 percent when compared to the number of filings in 2008 and by 35 percent compared to the 2007 filings. Bankruptcy Statistics, Northern District of Texas, www.txnb.uscourts.gov/Clerks-Office/ Bankruptcy-Statistics (annual & monthly filings). This increase coincided with the economic downturn and mirrored the country’s financial instability. Since 2009, however, total filings have increased only 1.86 percent, and the data for 2011 suggests that filings will be about the same or less this year.
Why Have Large Chapter 11 Filings Declined?
Corporate restructuring filings have slowed in 2011, but there are no clear reasons why. In 2008, 1.6 percent of total bankruptcy filings in the Northern District of Texas were under Chapter 11. In 2009, that number rose to 2.24 percent. There have been 88 bankruptcies filed under Chapter 11 from January to March 2011, compared to 100 filings for the same months in 2010. According to Judge Houser, “Chapter 11 filings are down everywhere and the average size of the largest [Chapter 11] cases is getting smaller.” She is right. The Association of Insolvency & Restructuring Advisors’ Journal noted that 94 percent of the Chapter 11 cases filed in 2010 were smaller than those in 2009. AIRA Journal, Vol. 25, Jan. 2011. If smaller companies are filing bankruptcy, there is less work for lawyers, investment bankers and financial advisors. Judge Houser also notes a “shift in creditor constituencies. Now creditors are often strategic buyers of distressed debt who understand the bankruptcy process and its expense. These creditors want to avoid putting companies in bankruptcy or, if necessary, will run the company through a more efficient 363 sale.” Do decreased business bankruptcy filings signal the end to a recession? Not necessarily, according to turnaround specialist Wil-
liam Snyder of CRG Partners. “Recessions are like pandemics, the weak die first—the remaining companies are either alive due to the recovery or the banks’ unwillingness to push them to a solution,” said Snyder. In other words, just because businesses are staving off bankruptcy does not mean they are financially stable. According to Snyder, “It is a matter of time before the fulcrum lenders demand action.”
Consumer Filings Are Still on the Rise.
Consumers still significantly outpace businesses when it comes to filing for bankruptcy protection. Consumer bankruptcies comprised 92.91 percent of filings in 2010. United States Courts Bankruptcy Statistics, www.uscourts.gov/Statistics/BankruptcyStatistics.aspx. Individuals generally have two choices when it comes to filing bankruptcy, Chapter 7 or 13. Under Chapter 13 an individual must pay a portion of the debts before receiving a discharge, while Chapter 7 basically results in an immediate discharge of debts. To file under Chapter 7, a debtor must pass the “means test,” which compares the debtor’s potential excess future earnings with allowable expenses. 11 U.S.C. § 707(b). Unemployment often enables a consumer to satisfy this test. However, Judge Houser explains that the means test is “not a big club” because few households
have incomes above the national median. Judge Houser believes more consumers choose Chapter 13 to keep their homes. In a Chapter 7, it is difficult to keep a home without lender cooperation. Thus, while there is some shift between the number of consumers who file under Chapter 13 versus Chapter 7, a better indicator of the economic condition is consumer filings as a whole. The number of consumer bankruptcy filings in the Northern District in 2010 increased 33 percent from the number of consumer filings in 2008. Furthermore, a high number of consumer bankruptcies is not surprising because unemployment still hovers around 10 percent and many families lack medical insurance.
Fewer Bankruptcies Do Not Equal a Healthier Economy.
A decrease in bankruptcy filings should signal a healthy economy, but remember the total number of filings is still the highest it has been in recent years. Although corporate restructurings have declined, consumer filings remain high. While it is not clear what, if anything, a decrease in corporate filings signal, consumer bankruptcies seem to indicate the economy has not yet recovered.
Tricia R. DeLeon and Lauren C. Kessler are attorneys at Bracewell & Giuliani LLP. They have experience in bankruptcy litigation, particularly preference actions. Both are members of the Dallas Bar Association and the DBA Bankruptcy Section.
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
In the News
Jul y 2011
July
FROM THE DAIS
Kevin Afghani, of Afghani Law Firm, spoke at the Alcatel-Lucent /AT&T University Entrepreneurial Conference. Bryan Wick, of Wick Phillips Gould & Martin, LLP, co-hosted a breakfast forum with Former Attorney General John Ashcroft. The forum addressed legal issues facing North Texas companies with international operations.
KUDOS
installed as 2011–2012 President of the Patrick Higginbotham American Inn of Court. C. Randal Johnston, of Johnston Tobey, P.C., received a Certification of Appreciation from the Office of the Attorney General of Texas. Melinda Jayson, of Melinda G. Jayson, P.C., authored the chapter “Mediator/Arbitrator” in 24 Hours With 24 Lawyers: Profiles of Traditional and Non-Traditional Careers, edited by Professor Jasper Kim (Aspatore Books/Thomson Reuters 2011).
Jennifer Rodriguez, of The LaSalle Group, Inc., has been named Vice President and General Counsel.
Mark A. Shank has been designated a name partner in the Dallas law firm now known as Gruber Hurst Johansen Hail Shank LLP.
Richard G. Stewart, Jr., of Verizon Communications, was recognized for extraordinary service as 2009–2011 President of the Patrick Higginbotham American Inn of Court.
Fran Phillips, of Gardere Wynne Sewell LLP, has been elected as a board trustee for the Friends of the Dallas Public Library.
Terry Oxford, of Susman Godfrey LLP, was
David Metzler, of Cowles & Thompson, P.C., has been named Managing Shareholder.
ON THE MOVE
W. Ashton Randall III, has formed The Randall Firm PLLC, located at 5949 Sherry Lane, Suite 1280, Dallas, TX 75225. Phone (214) 628-9966. Richard D. Pullman has joined Kessler Collins, P.C. as Of Counsel. Marisol Trottier has joined Kevin M. Kerr, P.C. as Associate. Kena Lopez, Sarah MarDock and D. Todd Parrish have joined Godwin Ronquillo PC; Lopez and MarDock as Associates and Parrish as Senior Attorney. John B. Gessner has joined Front Burner Restaurants, LP as Vice President and General Counsel. Paul Lein has joined Scheef & Stone, L.L.P. as Associate.
Justin Almand has joined Southwest Airlines Co. in the General Counsel Department. Michael Chiusano and William Weinberg have joined Quilling, Selander, Lownds, Winslett & Moser, P.C. as Associate and Shareholder, respectively. Ehren Hartz has joined Winstead PC as Associate. Diana Cochrane has joined Gruber Hurst Johansen Hail Shank LLP as Associate. 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 In the News . . . . . .
During the past two months, your DBA has been highlighted in the following media:
Channel 5’s Tell Me Something Good: Habitat House dedication Dallas Business Journal: Dallas Mayoral Runoff Debate Dbusinessnews.com: Bar None D Magazine Frontburner: Dallas Mayoral Runoff Debate Dallas Morning News: Habitat House dedication Dallas Observer: Dallas Mayoral Runoff Debate Dallas South News: Dallas Mayoral Runoff
I Like Being a Lawyer.
Kinser & Bates, L.L.P. has moved to 17103 Preston Road, Suite 150, Dallas, TX 75248. Phone: (214) 438-1100.
Debate
Dallas Voice: Dallas Mayoral Runoff Debate North Dallas Gazette: Habitat House dedication OpenPR.com: Bar None Pegasus News: Dallas Mayoral Runoff Debate, Legalline PRLog.org: Mark Shank, DBA past president, DBA Wins Star Business & Community Awards, Bar None SBOT newspaperclips.com: Habitat House dedication, Legalline Texas Lawyer: DBA Past President Beverly Godbey elected Chair of SBOT
Save the Date! PMS# 1807c
PMS# 1807c 79%
100% K
with David Brooks
New York Times Columnist
Billable hours. Demanding bosses and clients. Student loans. A lack of civility. We all know the cons of being a lawyer, but what are the pros? Texas Lawyer wants to know the top five reasons you like being a lawyer. To participate, go to www.texaslawyer.com/5reasons
Benefiting the Sarah T. Hughes Diversity Scholarships Thursday, October 27, 2011 Belo Pavilion 2101 Ross Avenue Presented by Reception Sponsor Dinner Sponsor
For information, please contact the Dallas Bar Foundation at (214) 220-7487 or www.dallasbarfoundation.org.
J ul y 2 0 1 1
Dal l as Bar A ssoci ati on l Headnotes 15
Classifieds
July
OFFICE SPACE
High-rise views at low-rise rates. Panoramic views from 63rd floor. Class-A downtown space close to courthouse, AV-rated law firm. Access to large conference room, library, kitchen. Secretarial, clerical, reception available. Offices available with very nice secretarial stations. Negotiable. Call Kristi Freeman at (214) 761-6460. Downtown Garland office space. $500.00 per month, rent or lease, for 240 square feet. Next to Garland City Hall. Near Downtown Garland Dart rail station, 5th Street Crossing and Richland College Garland Campus. New carpet and paint. Free parking at front door. Normal utilities included. Call Allan at (214) 236-0898. Time is Money! 3 miles from County Courthouse—2 miles to downtown! Quality office space at lower than market prices – $18/sf. Includes electricity and free garage parking. 9 miles to Love Field Airport. Minutes to DART rail, Baylor University Medical Center, Dallas Arts District, SMU, Oak Lawn, West Village. Centrally located on major thoroughfares. Uptown Tower. 4144 N. Central Expressway. (972) 490-7348. Tired of sterile office buildings and elevators? One large office ($1,200) with fire place and one small office ($600) available (together or separately) in historic home in Uptown. These unique offices have great client appeal. Receptionist service and conference room available. Picture of home at www.texascrimlaw.com. Call Mick (214) 720-9552.
POSITION AVAILABLE
Established, AV Rated law firm with eight attorneys in Plano seeks associate attorney with four to seven years of commercial real estate and transactional experience. Addi-
tional background in general corporate and business law preferred, but not required. Position involves real estate purchase and sale, leasing, commercial lending, and other transactional areas of law. Environment is flexible and family friendly. Submit resume and references to info@blcblaw.com. Well established Texas law firm with offices throughout the state seeks an attorney with 3-6 years’ experience for its Dallas office. Seeking an academically superior candidate with exceptional research and writing skills for assistance with commercial insurance coverage and bad faith consultation and litigation and related risk management transactional work. Salary commensurate with experience, performance bonus program and full benefits available. Send your resume in confidence to dloyd@dloydlegalrecruiting.com. Health Law Attorney Needed. Experience in healthcare regulatory and payment matters - Medicare, Medicaid, licensing, transactional or criminal law services to healthcare providers. We prefer a problem solver with a disciplined work ethic, excellent writing skills, good attitude who is selfmotivated and will participate in marketing & seminar presentations. Please email resume to markskennedylaw@msn.com. Palmer & Manuel, LLP, a 13 attorney firm in Campbell Centre, seeks one experienced business litigation and one experienced family law attorney. Applicants should have substantial portable business. The firm’s compensation formula allows attorneys to keep a substantial portion of their fees. See the firm’s website at www.pamlaw.com. Please reply to spalmer@pamlaw.com.
justice in preparing written opinions for both civil and criminal cases on appeal. Responsibilities include issue and fact analysis in complex cases. Qualifications: licensed Texas attorney with minimum of six (6) years’ experience. Excellent writing and research skills, appellate experience preferred. Must be a self-starter, able to work with minimal supervision. State of Texas Job Application Form is required. Send application with writing sample and academic transcript to Gayle Humpa, Business Administrator, George Allen Sr. Courts Building, 600 Commerce St., STE 200, Dallas, TX 75202. Please call for reasonable work place accommodations. EEO/AA Employ.
POSITION WANTED
Experienced and conscientious litigation attorney seeks contract work. Research, pleadings, motions, briefs, discovery, court appearances, depositions, and appeals. UT law honors graduate, AV-rated, excellent references, reasonable hourly rate. Contact attorney3503@sbcglobal.net.
SERVICES
Diamond And Gold Buyer. Buying all types of Diamonds, Immediate Cash Paid. Consignment terms available @ 10 -20% over CASH. For consultation and offers please call (214) 739-0089. Do you have a big case or just feel overwhelmed? Top quality litigation support attorney available for contract assignments. Work experience includes complex business litigation, tort and insurance cases. Former judicial clerk, law review,
appellate experience. Very competitive rates. (214) 243-8444. Mexican Law Expert—Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 2229494. dlopez@pulmanlaw.com. Argentina. Foreign Legal Consultant. Nodgar E.V. Piranian. Admitted to the practice of law in Argentina. 4925 Greenville Avenue, 2nd Floor, Dallas, Texas 75206. Email: nodgarnp@gmail.com. Phone: (214) 507-7025 Economic Damages Experts—Thomas Roney has more than 20 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, valuation and divorce matters. Mr. Roney and his experienced team of economic, finance, and CPA 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, Barry Seldon, PhD. or Syd Thompson, MBA in Dallas/ Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. Place Your Ad Here! For affordable classified advertising rates call Judi Smalling at: (214) 220-7452.
Fifth District Court of Appeals Staff Attorney. Start Date: 9/1/2011. Salary: up to $65,000 Closing Date: Until Filled. Position involves working directly with a
SPANISH FOR LAWYERS 10-Week Fall Course
August 22—October 24, 2011 At Belo Beginners: Tuesdays, 6:00-7:30 p.m. Intermediate: Wednesdays, 6:00-7:30 p.m. Beginning Level VI: Thursdays, 6:00-7:30 p.m. Class cost: $180 per course. Deadline to register: August 15, 2011 For more information, contact Teddi Rivas at TRivas@dallasbar.org or (214) 220-7447.
dependable. Dependable coverage when you need it most. When you’re faced with a legal malpractice claim, you shouldn’t have to wonder if you can count on your malpractice company. texas lawyers’ insurance exchange has been a stable source of insurance for over 31 years, and we continue to offer texas lawyers and judges high quality professional liability coverage at financially responsible rates. look to tlie for experience you can count on.
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CHRISTMAS IN JULY Friday, July 29 ~ 9 a.m. to 4 p.m. ~ The Belo Mansion ~
The DBA Community Involvement Committee is coordinating a drive to benefit local charities, including the Austin Street Centre, North Texas Food Bank, Genesis Women’s Shelter and The Family Place. Please bring donated items (including non-perishable food, bed linens, clothing and toiletries, housewares, cleaning supplies and laundry detergent) to the Belo Mansion on Friday, July 29. For more information, contact Elaine Mosher at jemmosher@aol.com or Doug Heuvel at doug.heuvel@tklaw.com.
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
Jul y 2011
Ike Vanden Eykel
Aubrey Connatser
Kevin Fuller
“the divorce-law jedi”
One of the youngest ever on Texas Super Lawyer list
Top 100 Attorneys in Texas
(Dallas Morning News, 2007)
(Thomson Reuters, 2010)
(Thomson Reuters, 2004)
Winspear Opera House
Reputation. Resources. Results. Unrivaled.
No other family law firm offers the clear line of excellence that you find at KoonsFuller. Ike Vanden Eykel, the “reigning king” of Texas family law (The Dallas Morning News, 2007), is the only Texas attorney featured in Town & Country Magazine’s “Field Guide to Divorce Lawyers” (February 2011) as the business savvy crusader for the rich and famous. Kevin Fuller (Best Lawyers® Family Lawyer of the Year, 2009) inspires confidence as the common sense champion of corporate executives, their spouses and welloff Texans who are as likely to drive a “dually” as they are a Benz. Aubrey Connatser, an up-and-comer who has arrived, obtains extraordinary results for entrepreneurs, concerned parents, and no-nonsense professionals, among others. They are Dallas-based leaders of the largest and most renowned family law firm in the Southwest. And now the June D Magazine features them among the city’s finest legal talents, the Best Lawyers in Dallas. Trust your family law matters and those of your clients to their winning personalities, extraordinary legal strategies and keen insight. They always deliver.
Ike@koonsfuller.com Kevin@koonsfuller.com Aubrey@koonsfuller.com
Uptown Dallas/West Plano/Southlake/Denton 214.871.2727 KoonsFuller, A Professional Corporation
| www.koonsfuller.com