Dallas Bar Association
HEADNOTES
Focus Business Litigation/Trial Skills
December 2011 Volume 36 Number 12
Champions of Justice: Lisa Blue Baron and Mike Kaeske indicate that one in six Americans or 46.2 million (15.1 percent) people live in poverty. Revised statistics released on November 9 show a poverty high of 49.1 million or 16 percent of Americans living in poverty, with the main causes being rising medical, commuting, and child care costs. In Dallas, the poverty statistics are even more staggering. Twentyfive percent of people living in Dallas County qualify for free legal help from DVAP. “DVAP’s mission is our mission—to open doors, right wrongs, and change lives,” said Mike Kaeske of The Kaeske Law Firm. “First and foremost, we want to help people, but we also hope that our gift will inspire other to help too.” The Dallas Volunteer Attorney Program is the joint pro bono program of the Dallas Bar Association and Legal Aid of NorthWest Texas. For more information on the Campaign for Equal Access or the Dallas Volunteer Attorney Program, please contact Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org. Recognition levels and donor benefits are available at www.dvapcampaign.org. All individual donors at the $1000 level and above and all firm and corporate donors at the $5,000 level and above will be recognized in an ad in the Dallas Morning News during the week of December 20, 2011, and in Texas Lawyer in January or Febru HN ary 2012.
by Alicia Hernandez
Lisa Blue Baron and Mike Kaeske, faithful advocates for the less fortunate, are the 2011-2012 Equal Access Campaign’s lead donors with their gift of $50,000 to this year’s campaign benefitting the Dallas Volunteer Attorney Program. Equality and justice for all are words to live by for Ms. Blue Baron and Mr. Kaeske. Gifted trial attorneys who could seek any calling within the legal profession, Ms. Blue Baron and Mr. Kaeske have dedicated their professional lives to ensuring that all people receive the respect and dignity they deserve regardless of their ability to pay for a lawyer. Their gift to DVAP extends their helping hands and strong convictions about equal access to the working moms, children, elderly, and veterans who would simply be locked out of the justice system but for programs like DVAP and supporters like Ms. Blue Baron and Mr. Kaeske. Ms. Blue Baron, a long-time supporter of pro bono legal aid to the poor, has donated over $293,000 to DVAP over nearly 20 years. A true believer, financial support is not her only contribution to the program. She uses her Spanish-speaking skills to interview clients at the West Dallas Legal Clinic, teach pro se divorce classes, and help Spanish-speaking clients finalize their family law cases. She also launched Baron & Budd’s pro bono program while she was at the firm. Baron & Budd was where Ms. Blue Baron and colleague and friend Mike Kaeske first joined forces, devoting their professional lives, along with Blue Baron’s late husband, Fred Baron, to representing seriously injured victims and their families. Mr. Kaeske, like Ms. Blue Baron, developed into a nationally recognized trial attorney who secured significant verdicts for clients suffering from radiation exposure, leukemia and other cancers. Teaming up again in more recent years, Ms. Blue Baron and Mr. Kaeske have continued their professional endeavors, and, now, they have chosen to extend their collaboration to include a commitment to legal aid to
Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
the poor. “Government funding for legal aid continues to drop while the need for pro bono grows. The poor in our community are counting on lawyers like us to keep access to justice alive,” said Ms. Blue Baron of Baron and Blue. And Ms. Blue Baron is right. The downward economic cycle that plagues us all has
resulted in significant decreases in funding for legal aid to the poor while the poverty population explodes. Federal funding for legal aid was cut last year and additional cuts loom on the horizon while Interest on Lawyers Trust Accounts’ funding and other resources spiral downward. U.S. Census figures released on September 13
The Need for Legal Aid is Greater Than Ever Before by Alicia Hernandez
Funding for legal aid to the poor is yet another victim of the ongoing economic struggles facing our world, and these struggles are worsened by the long-standing debate over whether funding for legal services should even exist. For nearly a century, legal aid programs were funded by private donations until federal funding for legal aid was created in the 1960s. These early roots of federal funding for legal aid to the poor evolved into the federally funded, nonprofit organization, the Legal Services Corporation (LSC), which was created in 1974. Under its leadership, legal aid programs expanded, and
legal aid services to the poor increased. Today, funding from the Legal Services Corporation provides a considerable amount of funding for 900 legal aid and pro bono programs throughout the country. In the 1980s, LSC-funded legal aid programs were required to add formal pro bono programs, like the Dallas Volunteer Attorney Program, to increase the amount of free legal help available to the poor with the assistance of volunteer attorneys. State-based funding for legal aid was also developed, including funding from Interest on Lawyers Trust Accounts (IOLTA) such as the one administered by the Texas Equal Access to Justice Foundation. Many dedicated volunteer attorneys and donors have championed
the cause of legal aid to the poor over the years, but, despite this support and dedication, federal funding for legal services has been fraught with controversy throughout its history. Federal funding for legal aid has never been substantial enough to meet the need for legal help. The limited amount of federal funding available, and the much larger concept of access to justice, has typically been tied to the congressional support or lack thereof for legal aid. It has been a hot button topic in congressional circles over the years, and increases and decreases to the bottom line for legal aid programs have resulted in a yo-yo, “now you see it, continued on Page 12
Inside 7 Be Careful On Break: Privilege and the Deposition Recess 9 Making it Stick: Six Tips for a Better Settlement Agreement 13 Navigating Insurance Coverage Issues: What You Need to Know
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
December Events FRIDAY CLINICS
DECEMBER 9-NORTH DALLAS** Noon
“Recent Changes in Texas Insurance Law Affecting Businesses,” Lyndon Bittle. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., 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 Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org. Topic Not Yet Available
THURSDAY, DECEMBER 1
8:00 a.m. DAYL Solo & Small Firm CLE. Questions, contact cherieh@dayl.com. Noon
2011 Outstanding Court Staff Awards. Sponsored by the DBA and DBF. RSVP to kzack@dallasbar.org
Family Law Section Board Meeting
DAYL CLE Committee St. Thomas More Society
FRIDAY, DECEMBER 2
8:15 a.m. Masters of Trial Seminar “Learn From the Trial Masters,” Terry Oxford, Barry Sorrels, Paula Sweeney and Mark Werbner. Judge Emily Tobolowsky, presiding. Jury consulting services provided by Courtroom Logic Consulting. DBA members: $40; Nonmember Fee: $75. RSVP to kzack@dallasbar.org. (MCLE 7.00)* Sponsored by the CLE Committee. Noon
Intellectual Property Law Section “How Being Ethical Can Mean Fewer Clients, But More Money,” David Hricik. (Ethics 1.00)* DAYL Lawyers Against Domestic Violence Committee
MONDAY, DECEMBER 5 Noon
Tax Law Section “The Greening of the Internal Revenue Code: Renewable Energy Tax Credits,” Nate Smithson. (MCLE 1.00)*
DAYL Foundation Board Meeting
Federal Bar Association
Corporate Counsel Section “Update on Delaware Law,” Mark A. Morton and John Grossbauer. (MCLE 1.00)* Government Law Section “Recent Changes to Texas’ Eminent Domain Law,” Kenneth Bennett. (MCLE 1.00)* Tort & Insurance Practice Section “Levels of Courtroom Technologies Available to Law Firms and Attorneys During Trial and Conferences,” Steve Malouf will moderate a panel of speakers. (Ethics 1.00)*
6:00 p.m. DAYL Board of Director’s Meeting
WEDNESDAY, DECEMBER 7 Noon
Employee Benefits/Executive Compensation Section “Saying Goodbye: Current Issues in Severance and Separation Agreements,” Pam Baker. (MCLE 1.00)*
Solo & Small Firm Section “E-Filing in Dallas County and How You Can Help the Judge,” Hon. Teresa Guerra Snelson. (MCLE 1.00)* Public Forum Committee
5:00 p.m. Bankruptcy & Commercial Law Section “Bankruptcy Judge’s Panel,” Judge Harlin D. Hale, Judge Barbara J. Houser, Judge Stacey G. C. Jernigan and Judge Russell F. Nelms. (MCLE 1.00)*
THURSDAY, DECEMBER 8 11:30 a.m. DAYL Barristers for Babies Noon
Environmental Law Section “Food v. Fuel Debate,” Marc Kesselman. (MCLE 1.00)*
Trial Skills Section “Texas Supreme Court Update: How Does 2011 Look?,” Joe Cox. (MCLE 1.00)*
Dallas Women Lawyers Association “Trends in the Courtroom,” Hon. Gena Slaughter and Hon. Liz Lang-Miers. (MCLE 1.00)*
Publications Committee
Christian Lawyers Fellowship
6:00 p.m. J.L. Turner Legal Association
FRIDAY, DECEMBER 9 Noon
TUESDAY, DECEMBER 6 Noon
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
TUESDAY, DECEMBER 13 Noon
Business Litigation Section “Security, Pseudo-Patriotism, and the Erosion of American Liberties,” Barry Richard. (MCLE 1.00)*
Franchise & Distribution Section “Franchise Bankruptcy Filings: What Every Franchisor Should Know,” Jason B. Binford. (MCLE 1.00)*
DECEMBER 16-BELO Noon
D ecem ber 2011
Friday Clinic-North Dallas** “Recent Changes in Texas Insurance Law Affecting Businesses,” Lyndon Bittle. (MCLE 1.00)* At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., 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 Griffith Nixon Davison P.C. RSVP to kzack@dallasbar.org.
MONDAY, DECEMBER 12 Noon
Alternative Dispute Resolution “Developments in the Dallas County ADR Program,” Hon. Martin Lowy and Othel Bursey. (MCLE 1.00)* Real Property Law Section “The Texas Series LLC: a Valuable New Option and a Coming Trend or Too Many Unanswered Questions?” Bryan Dunklin. (MCLE 1.00)* DBA Community Service Fund Board Meeting
Mergers & Acquisitions Section “2011 M&A Review and 2012 M&A Outlook,” Rick Lacher. (MCLE 1.00)*
DAYL Equal Access to Justice Committee
6:00 p.m. Home Project Committee
DBA Offices closed for Christmas Holiday
MONDAY, DECEMBER 26 DBA Offices closed for Christmas Holiday
TUESDAY, DECEMBER 27 6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, DECEMBER 28 No DBA Events Scheduled
THURSDAY, DECEMBER 29 No DBA Events Scheduled
WEDNESDAY, DECEMBER 14
FRIDAY, DECEMBER 30
11:30 a.m. House Committee Walk Through
DBA Offices Close at 1:00 p.m.
Noon
Judiciary Committee
MONDAY, JANUARY 2
DVAP New Lawyer Luncheon. Contact reed-brownc@lanwt.org for more information.
DBA Offices closed for New Year’s Holiday
DAYL Lunch & Learn. For more information, contact cherieh@dayl.com.
Noon
Tax Law Section Topic Not Yet Available
Tort & Insurance Practice Section “Civility Matters,” Judge Jane Boyle, Justice Douglas Lang, Robert H. Mow, Jr., Cheryl Camin Murray and Windle Turley. (Ethics 1.00)*
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
4:00 p.m. Senior Lawyers Committee 5:15 p.m. LegalLine—Volunteers welcome. Second floor Belo.
THURSDAY, DECEMBER 15 11:30 a.m. DAYL Foundation Fellows Luncheon Noon
Appellate Law Section “Appellate Ethics,” Justice Douglas Lang. (Ethics 1.00)*
Christian Legal Society
3:30 p.m. Board of Directors Meeting
FRIDAY, DECEMBER 16 Noon
Friday Clinic-Belo Topic Not Yet Available
MONDAY, DECEMBER 19 Noon
DAYL Solo & Small Firm Committee
TUESDAY, DECEMBER 20 Noon
DAYL Animal Welfare Committee
DAYL Elder Law Committee
WEDNESDAY, DECEMBER 21 Noon
Energy Law Section “Texas Title Examination Standards,” Owen Anderson. (MCLE 1.00)*
Municipal Justice Bar Association
THURSDAY, DECEMBER 22 No DBA Events Scheduled
Dallas Diversity Task Force 6:00 p.m. DBA Family Holiday Party Face-painting, clowns, tap-dancing, toy trains and more! For more information, contact rthornton@dallasbar.org.
FRIDAY, DECEMBER 23
No DBA Events Scheduled
TUESDAY, JANUARY 3
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, JANUARY 4 Noon
Employee Benefits & Executive Compensation Section “Benefits Litigation Update,” James Raborn. (MCLE 1.00)* Solo & Small Firm Section “Appeal Tips for the Non-Appellate Lawyer,” Hon. Elizabeth Lang-Miers. (MCLE 1.00, Ethics 0.25)*
5:00 p.m. Bankruptcy & Commercial Law Section “Recent Developments: Bankruptcy Decisions,” Judge Harlin D. “Cooter” Hale, Rakhee Patel and Gerrit Pronske. (MCLE 1.00)*
THURSDAY, JANUARY 5 Noon
Construction Law Section “Held Harmless Or Held Up—Legislative Restrictions on Indemnity and Insurance Coverage for Texas Contractors,” Patrick Wielinski. (MCLE 1.00)*
Family Law Section Board Meeting
DAYL CLE Committee
St. Thomas More Society
FRIDAY, JANUARY 6 Noon
Government Law Section “Defending Governmental Entities in Whistleblower Actions,” Timothy A. Dunn and Paul K. Pearce, Jr. (MCLE 1.00)*
DBA MEMBER REMINDER: We will be mailing the 2nd Notice 2012 DBA DUES STATEMENTS on December 8, 2011! 2012 DBA DUES must be paid by December 31, 2011 to continue receiving ALL your member benefits. Thank you for your support of the Dallas Bar Association!
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
FRANK BRANSON
Honored TEDDY ROOSEVELT
“MAN IN THE ARENA” AWARD PRESENTED BY THE
ASSOCIATION OF PLAINTIFF INTERSTATE TRUCKING LAWYERS OF AMERICA (APITLA) AT THE 2011 NATIONAL CONFERENCE IN ST. LOUIS
“Frank Branson is clearly dedicated to this cause and through the ‘dust, sweat and blood’ of his efforts, he has attained an exceptionally high level of professional achievement in the promotion of interstate trucking highway safety.” John Romano APITLA Executive Board member who presented the award
THE LAW OFFICES OF FRANK L. BRANSON Highland Park Place, Suite 1800 | 4514 Cole Avenue | Dallas, TX 75205 (214) 522 0200 | flbranson.com
4 He a d n o t e s l D a l l a s B a r A s s o ciation
D ecem ber 2011
Headnotes
President's Column
Honoring the Profession by BARRY SORRELS
Serving as President of the Dallas Bar Association for 2011 has been an absolute privilege. When I chose for my theme for this year ‘Honoring the Profession,’ I made that decision based on my years of experience as a lawyer in this city. I knew we had a legal community full of lawyers, judges, and legislators who have purposed themselves to the great task of upholding the rule of law. I wanted to recognize and reinforce the sense of meaning we can take from engaging in the practice of law in a free society. I still believe that is unspeakably important, but I learned that this profession deserves honor for its work outside the courtroom as well. Throughout the year, I witnessed our lawyers, members of the Dallas Bar Association, doing all kinds of good things. From building houses, to providing quality CLEs, to lending a hand to Dallas ISD students— what we do at the Dallas Bar Association matters. The Dallas Bar Association allows us to make our legal community stronger and, therefore, make our community at-large stronger. This work could not be done without extensive participation from our members and exceptional commitments from our leaders. I would like to thank all of you who participated this year in a Dallas Bar Association activity or program. We literally could not be the organization that we are without you. To the 2011 Board of Directors: Thank you for your judgment and thoughtful participation in the direction of the Dallas Bar Association. Thank you for bringing your insight and expertise to help us grow together in a respectful and collegial environment. To the Section and Committee Chairs and Co-Chairs: Thank you for your commitment to leading your groups. The success of a section or committee can often be directly correlated to the effort put in by its chairs. You all took responsibility for your groups and worked hard to provide us with special, relevant presentations and well-orchestrated programs. Thank you for your hard work. To Cathy Maher and the DBA Staff: Thank you for your
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With more than five hundred million people worldwide on Facebook and 65 million Tweets sent daily, people are connecting and receiving information through more avenues than ever before. In response to this changing world of news and communication, the Dallas Bar Association has launched into the arena of social media. The DBA has established a Facebook page, Twitter account and a LinkedIn page. If you are a Section or Committee Chair, you have received the DBA Social Media Guidelines. Between the DBA website and these social media entities, we hope to offer members more ways than ever before to receive and access timely news about the association in a convenient way. To participate in the Dallas Bar Association’s social media, visit www.dallasbar.org and on the homepage you will see an icon for each social media page. Simply click on the icon and you will be taken straight to our social media pages. On Facebook, be sure to “Like” us and share with your friends. On Twitter, you just need to “Follow” us to keep up with news and events. As our Likes and Followers grow, so too, will our content. The DBA social media accounts will be used for upcoming events, volunteer opportunities and other association news. Log on to www.dallasbar.org now to get started.
Professionalism Tip of the Month The Texas Lawyer’s Creed requires respect between lawyers and judges. All lawyers should respect the law, the courts and each other. If you cannot offer respect, how can you expect to receive it?
work to make each event at the Belo Mansion consistently both special and professional. Your experience and guidance are unmatched and highly appreciated. Thank you for everything you do. To the Presenters at Dallas Bar CLE Courses: Thank you for sharing your experience and expertise with other members of your section and with the Dallas Bar membership. By providing guidance to strengthen the craft of your brothers and sisters of the bar, you help improve the quality of law practiced in our city for everyone. To the Participants in the Criminal Justice Forum: Thank you to the judges, prosecutors, and defense lawyers who came to the Belo to engage in a dialogue about criminal justice in Dallas. The willingness by all sides of our criminal justice system, and its various leaders, to open the floor to a discussion on efficiency and improvements is a praiseworthy testament to what criminal justice in Dallas is right now and what it can be in the future. To the Participants in Minority and Diversity Programs: Thank you for putting into action the Dallas Bar Association’s invitation to any and all lawyers in the community to join the Dallas Bar Association, regardless of race, gender, or religion. Thank you for opening your doors. To the Dallas Volunteer Attorney Program: Thank you for providing legal services to the needy. Competent legal representation can change any client’s life, especially if that person has nowhere else to turn for aid or remedy. Thank you for taking the time to make a difference to this important, though often neglected, part of our population. To the Contributors to the Equal Access to Justice Campaign: Thank you for your contribution. The Dallas Volunteer Attorney Program would not have the resources to provide legal assistance to the indigent without you. Thank you. Thank you for your work and for your commitment. I look forward to following the progress of the Dallas Bar Association with much greater understanding of its reach and import within our city and to seeing Paul Stafford take the helm for HN 2012. Good luck, Paul, and thank you all.
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, Frank E. Stevenson, II, Ike Vanden Eykel 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, 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.
De c e mb e r 2 0 1 1 â€
D al l as Bar A ssoci ati on l Headnotes 5
Announcing
JUDGE
T. John Ward formerly with the U.S. District Court for the Eastern District of Texas has joined
Concentrating on Mediations & ADR in our Longview and Tyler offices. Visit www.wsfirm.com to learn more about Judge Ward’s new role as a mediator in oil & gas, intellectual property and complex civil litigation.
1 1 1 W. Ty l e r S t r e e t , L o n g v i e w, Te x a s 7 5 6 0 1
903.757.6400
w w w. w s f i r m . c o m
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
D ecem ber 2011
Dallas Bar Elects 2012 Officers Sally Crawford Elected President-Elect by Jessica D. Smith
Members of the Dallas Bar Association proudly elected its 2012 officers during the Annual Meeting on November 4. Sally Crawford, of Jones Day was elected president-elect and will serve as the Association’s 104th president in 2013. Ms. Crawford was elected to the DBA Board in 2004 and was elected Chair of the Board of Directors in 2009. She was then elected Second Vice-President and First Vice-President. Ms. Crawford has served as Chair of a number of DBA Committees including the Admissions & Membership Committee, Pro Bono Activities Committee and Peer Assistance Committee. She has also served as President of the Community Service Fund and Co-Chair of the Campaign for Equal Access to Justice. Ms. Crawford was named Pro Bono Attorney of the Year by the Dallas Bar Association in 2005 and has been recognized by the State Bar of Texas with the Frank J. Scurlock Award for outstanding pro bono service. In 2010 she was honored by D Magazine in its list of the Best Women Lawyers in
Dallas in 2010. And, this year, Ms. Crawford received the Distinguished Alumni Award from the University of Texas at Dallas. Ms. Crawford’s civic activities include service on the boards of the Richardson Symphony, Dallas Entrepreneurship Institute, Consumer Credit Counseling Services of Greater Dallas and Legal Aid of NorthWest Texas. She is a Fellow of the Dallas Bar Foundation, Dallas Association of Young Lawyers Foundation and a member of Texas Bar Foundation. Ms. Crawford received her B.G.S. summa cum laude from the University of Texas at Dallas in 1983 and she received her J.D. (Order of the Coif) from Southern Methodist University in 1986. Ms. Crawford practices in the areas of mergers and acquisitions, corporate finance and general corporate law. Other officers who were elected at the Annual Meeting are: Scott McElhaney, of Jackson Walker LLP, elected first vicepresident; Brad Weber, of Locke Lord LLP, elected second vice-president; and Shonn Brown, of Locke Lord LLP, elected secretarytreasurer. Barry Sorrels, of Sorrels Udashen
Professionalism Award Recipient Timothy W. Mountz (second from left), his wife Janet (left), his father-in-law and DBA 50-year member Robert Taylor, and Taylor Anne, Janet & Tim’s daughter.
2012 Officers at the November 4 Annual Meeting. Paul K. Stafford, 2012 president (back center) with 2012 officers, Scott McElhaney, first vice president; Sally Crawford, president-elect; Shonn Brown, secretary-treasurer; Brad Weber, second vice president; and Barry Sorrels, immediate past president.
& Anton will serve as immediate past president and Paul K. Stafford, of The Stafford Law Firm, will serve as president in 2012. Additionally, on November 10th ballots for director positions were sent to members and six of the following nominees will assume director positions in 2012: Rob Crain, Laura Benitez Geisler, Sean T. Hamada, Michael K. Hurst, Michele Wong Krause, Audrey Moorehead, Mary L. Scott, Scott P. Stolley, Robert L. Tobey and Aaron Z. Tobin. Ballots were due back November 21 and results were not available at press time. The 2012 presidents of the minority bar associations will also serve on the board. Each year, the Texas Center for Legal Ethics & Professionalism co-sponsors the presentation of the Morris Harrell Professionalism Award with the DBA. The award was created in 1999 in honor of DBA Past President Morris Harrell to recognize an attorney who best exemplifies, by conduct and character, truly professional traits who others in the bar seek to emulate. This year’s Morris Harrell Professionalism Award recipient was Timothy W. Mountz, of Baker Botts, L.L.P. Paul Herring, Attorney at Law, and
Christina McCracken, of Gordon & Rees LLP., co-chairs of the Community Involvement Committee received the Jo Anna Moreland Outstanding Committee Chair Award. The Solo & Small Firm Section, chaired by John A. Goren, Attorney at Law, received the Special Section Award. And, the Minority Bar Leader Award was presented to David Diaz, of Korn, Bowdich & Diaz, L.L.P. Presidential Citations were also presented to behind-the-scenes members who have faithfully performed often time-consuming tasks for the association. Recipients were: Andy Payne, of Payne Mitchell Law Group L.L.P., and Dawn Estes, of Taber Estes Thorne & Carr PLLC, for coordinating an outstanding Bench Bar Conference; Aaron Tobin, of Anderson Tobin, PLLC, for his work as Chair of the Public Forum Committee; and Michele Wong Krause, of Wong Krause & Associates, for her outstanding efforts in creating the Dallas Public Library Speaker Series as Chair of the HN Speakers Committee. Jessica D. Smith serves as the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.
DBA State Bar President’s Update by Bob Black
During this holiday season, it is important for us to remember that many of our colleagues are facing some tough economic realities and having to make hard choices, whether they are looking for a job or thinking about going solo, or just trying to figure out how to pay the bills. Because of these challenges, I want to highlight just a few of the resources and services available through the State Bar of Texas to help members in their practices. Access to legal research is key for lawyers to effectively do their jobs. The State Bar offers Casemaker, which provides free online legal research including material from all 50 states and a federal library. More than 25,000 Texas attorneys have already signed up. You can access Casemaker on the State Bar website (www.texasbar.com). The State Bar also offers free CLE from time to time at www.texasbarcle.com. Check the website regularly for available courses. Other resources to help you build your practice include the Texas Young Lawyers Association’s “Office in a Flash,” available online at www.tyla. org or on a flash drive. This program provides the resources lawyers need to open a practice, including information on business plans, office space, technology needs, revenue sources and money management. Other State Bar programs that may be helpful include member discounts, which features dozens of discounted
services and products, from office supplies and rental cars to travel packages and insurance. Check out the website at www.texasbar.com/discounts. If you are looking for a job, or perhaps looking for the right person for a job, visit the State Bar’s online Career Center (go to www.texasbar.com and click on “Career Center” at the top of the page). Job seekers can post a resume for free and can sign up to receive monthly emails. For a more complete list of resources, visit www. texasbar.com/toughtimes, where you can access links to job search and networking sites, free legal research, Bob Black member discounts, practice management resources and stress management resources.
Helping Texas Students and Teachers
In my September State Bar President’s Update, I introduced you to a new State Bar civics initiative called Oyez, Oyez, Oh Yay! Civics Resources for Texas Students and Teachers. This webbased project was developed with the invaluable assistance of the State Bar’s Law-Related Education Department and its director, Jan Miller and focuses on the landmark court decisions that middle and high students must know to be successful as set out in the new Texas
Essential Knowledge and Skills (TEKS) standards. The new standards—the first in 13 years—took effect at the beginning of this academic year. The website—www.texasbar.com/civics—offers links to case summaries, texts of the actual court opinions and additional resources and games. Middle school students are required to study five seminal U.S. Supreme Court cases: Marbury v. Madison (1803), McCulloch v. Maryland (1819), Gibbons v. Odgen (1824), Worcester v. Georgia (1832), and Dred Scott v. Sandford (1857). High school students are required to know 19 additional cases, from the well-known—Brown v. Board of Education (1954) and Miranda v. Arizona (1966)—to more recent cases, such as Edgewood ISD v. Kirby (1989) and Texas v. Johnson (1989). Students are not the only ones who must know about these cases. For teachers facing limited resources, this website provides access to comprehensive resource and curriculum materials to assist them in preparing engaging lesson plans. Perhaps the most exciting resource on the website is a series of videos the State Bar commissioned on the five middle school cases. Each video is between 12 and 15 minutes and features archival materials, an engaging narrator, and interviews with leading Texas lawyers
and law professors. The videos help bring the cases to life and help students better understand how these cases are important to their lives today.
Texas Lawyers for Texas Veterans
A year and a half into the Texas Lawyers for Texas Veterans program, it is going stronger than ever—and that is thanks to the many dedicated volunteer attorneys and legal aid attorneys and staff who give their time and expertise to help our veterans through veterans legal clinics across the state. I want to commend the Dallas legal community, from individual lawyers to law firms and in-house legal departments, who have volunteered at the Dallas veterans legal clinics or have taken a veteran’s case pro bono. In my President’s Opinion in the November Texas Bar Journal (www.texasbar.com/tbj), I asked two of my fellow lawyers in Beaumont to share the stories of their fathers, who both served and died in Vietnam. These lawyers volunteered for a veteran’s legal clinic to honor their fathers’ service and sacrifice. If you haven’t had the opportunity to volunteer for a clinic, I highly recommend it. It’s a wonderful way to give our thanks and assistance to the men and women who have served our country. You can contact the Dallas Volunteer Attorney Program at (214) 243-2243 to learn more about getting HN involved.
D e c e mb e r 2 0 11
Focus
D al l as Bar A ssoci ati on l Headnotes 7
Business Litigation/Trial Skills
Be Careful On Break: Privilege and the Deposition Recess by Mark A. Shoffner
Before a recent deposition in a case pending in Delaware, local counsel advised me to ask whether the witness consulted with his attorney about his testimony during a break and to specifically inquire about the contents of those conversations. This line of questioning seemed to directly invade the attorneyclient privilege. In Texas, private conferences between a witness and counsel are allowed during agreed recesses and adjournments under Rule 199.5. In Texas federal courts, private conferences are generally allowed unless there is a pending question. See, e.g., W.D. Tex. L.R. CV-30(b). Outside of Texas, however, the law is not uniform on the protected nature of attorney-client communications during a deposition recess, and Texas practitioners with cases pending elsewhere should review the venue’s local rules and cases on this topic before taking or defending a deposition. The countervailing view to the Texas rule is based on the premise that because a deposition generally proceeds as permitted at trial, once a deposition commences, counsel has no right to confer during the deposition except to determine if a privilege should be claimed. Further, the strict prohibition on intradeposition conferences forecloses improper coaching during a deposition. The leading case for the “no consultation” rule is Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1992). In Hall, the court held that a witness and his attorney should not engage in any private, off-the-record conferences during depositions or during breaks or recesses, except for the purpose of deciding
whether to assert a privilege. The court held that once the deposition started, the preparation period ended and the deposing lawyer could pursue the chosen line of inquiry without interjection by the witness’s counsel. To the extent such a conference occurred, it was not privileged and was fair game for inquiry by the deposing attorney to ascertain whether there had been any coaching and, if so, what. Recently the rationale in Hall was adopted by a federal magistrate judge in New Jersey. There the court held that the defendants were entitled to explore whether the discussions during a deposition break interfered with the fact-finding goal of the deposition process. Chassen v. Fidelity Nat’l Title Ins. Co., 2010 WL 5865977 (D.N.J. July 21, 2010) aff ’d 2011 WL 723128 (D.N.J. Jan. 13, 2011). Other jurisdictions have elected to address this matter by local rule. For example, Delaware’s federal court has adopted a local rule that provides: “From the commencement until the conclusion of deposition questioning by an opposing party, including any recesses or continuances, counsel for the deponent shall not consult or confer with the deponent regarding the substance of the testimony already given or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order.” D. Del. L.R. 30.6. The Delaware rule has been interpreted to mean that a witness should not be permitted to consult with his attorney regarding his testimony until the deposition is completed. Deutschman v. Beneficial Corp., Civ. A. No. 860595, at
*3 (D. Del. Feb. 20, 1990). In South Carolina, the local rule prohibits conferences between counsel and deponents during breaks or recesses, except to assert a privilege, make an objection or move for a protective order; requires counsel engaging in any conference with a deponent to report the results of the conference on the record; and permits the interrogating counsel to inquire of the deponent about the conferences. D.S.C. L.R. 30.04. These out-of-state decisions and local rules are anathema to the principle that attorney-client communications for the purpose of seeking, obtaining, or providing legal advice are sacrosanct. However, the attorney-client privilege,
like all privileges, is not absolute, and these jurisdictions have determined that excluding these conversations from the privilege altogether assists in the truthfinding mission of discovery. A Texas attorney taking or defending a deposition in a case pending in another state needs to be aware that any attorney-client discussions during a break or recess may not be privileged. Although it is clear that an attorney and client can discuss issues pertaining to privilege, a witness may be required to testify regarding any other substantive HN discussions with counsel. Mark Shoffner is a trial lawyer at Andrews Kurth LLP. He can be reached at markshoffner@andrewskurth.com.
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8 He a d n o t e s l D a l l a s B a r A s s o ciation
Focus
D ecem ber 2011
Business Litigation/Trial Skills
Recovering For Opposing Counsel’s Failure To Admit by Jared Slade and Scott Mascianica
It happened again. The other side just responded to a request for admission by denying a fact you know is true. Now you have to invest the time and expense to prove the fact. Both Federal Rule of Civil Procedure 37(c)(2) and its Texas counterpart, Texas Rules of Civil Procedure 215.4(b), allow a party to recover the reasonable expenses incurred in proving the denied fact to be true. This article discusses steps you can take to increase the likelihood of recovering reasonable expenses, including attorneys’ fees, for proving the matter true in either federal or state court.
The Rules
Both rules allow a party to apply to the court for an order for reimbursement of reasonable expenses, including attorneys’ fees, if (a) a party fails to admit any document is genuine or that any matter is true as required by F.R.C.P. 36 or T.R.C.P 198, and (b) the party seeking reimbursement proves the genuineness or truth. Truth or
genuineness can be proved by later admission, testimony, or stipulation. Under either rule, and even if truth or genuineness is proven, the court will refuse to grant the order if: (1) the request was held objectionable; (2) the admission sought was of no substantial importance; (3) the party failing to admit had a reasonable ground to believe that it might prevail on the matter; or (4) there was other good reason for the failure to admit. F.R.C.P. 37(c)(2); T.R.C.P 215.4(b). Although both rules state that granting the expenses is mandatory, the Southern District of Texas has relied on “its discretion” to deny the expenses request because “[t]he defenses asserted . . . [were] not in bad faith.” Pantank Corp. v. M/V M.E. Nunez, 35 F. Supp. 2d 521, 530 (S.D. Tex. 1999).
Steps to Improve Likelihood of Recovering
The key to recovering fees under both rules starts in pre-trial planning. Awareness of the facts and documents needed to
prove your case should drive your discovery plan and ensure focus on matters of “substantial importance.” In drafting the requests, following a “funnel approach” may increase your likelihood of either forcing an admission or pinning your opponent in a corner. Given that there is generally no limit on the number of requests a party may serve, it is often advantageous to start with broad requests. While an admission would bolster your case, the more likely result is a denial that can provide a basis for more specific follow-up requests. Targeted follow-up requests will either force your opponent to admit the fact or leave them susceptible to F.R.C.P. 37(c)(2) or T.R.C.P. 215.4. However, an initial request that is too broad, i.e., “admit the defendant is liable for all damages,” provides the other party with a reasonable ground to believe it might prevail on the matter. Additionally, if a request requires a party to go beyond a “reasonable inquiry,” the court likely will find that responding party had “other good reason for the failure to admit.” After a denial, identify how to prove that fact. Subsequent requests for admission are a good starting point, as are requests for the production of useful materials and documents. Depositions also allow testimony from witnesses that prove your fact. For this reason, it is advisable to review the denied requests before the depo
S
A A
sition. If your proof hews to your request, you may avoid a squabble about whether your subsequent proof is on point. Finally, make a timely motion to recover reasonable expenses. The appropriate time is different under the Federal Rules than it is under the interpretation of the state rules. While recovering under the Federal Rules is exclusively a post-trial activity, Texas state court interpretations indicate that attorneys may inadvertently waive a sanctions claim by not objecting prior to trial about the opposing party’s discovery conduct. See, e.g., Meyer v. Cathey, 167 S.W.3d 327 (Tex. 2005). In Meyer, the court found that that pretrial deposition testimony barred posttrial sanctions because the defendant was “aware” of the misconduct prior to trial, even though the defendant lacked “conclusive evidence” until trial. Accordingly, an attorney in Texas state court should consider when she becomes “aware” that a request was wrongfully denied to avoid waiving an opportunity to recover her expenses in proving the matter. HN Jared Slade is an associate with the Dallas office of Alston + Bird L.L.P., where he practices commercial litigation. He’s a member of the DBA Publications Committee. Scott Mascianica is an associate at Jones Day, where he is a member of the trial practice group. They can be reached at jared.slade@alston.com and smascianica@jonesday.com, respectively.
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DVAP’s Finest Omar J. Alaniz
Omar J. Alaniz is a senior associate at Baker Botts L.L.P. Omar began volunteering for DVAP in 2004 by taking a pro bono case in his field, bankruptcy law. Since then, Omar has taken several pro bono cases in a variety of fields including family, landlord/tenant, real estate and consumer law. Recently, Omar has focused on taking cases of Spanish-speaking clients. Although he is not completely fluent in Spanish, he believes he has a responsibility to contribute to pro bono services in any way he can. Omar also chaired the DFW Association of Young Bankruptcy Lawyers’ Casino Night benefitting DVAP in 2009. In addition, Omar was recently named the “Outstanding Young Lawyer of Dallas” by the Dallas Association of Young Lawyers and the “Outstanding Young Lawyer of Texas” by the Texas Association of Young Lawyers. Thank you for all you do, Omar!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
D e c e mb e r 2 0 1 1
Focus
D al l as Bar A ssoci ati on l Headnotes 9
Business Litigation/Trial Skills
Making it Stick: Six Tips for a Better Settlement Agreement by Angela Zambrano and Erin Eckols
After the jubilation of reaching a settlement has subsided, the parties face the reality of drafting an effective and enforceable settlement agreement. There are many traps for the unwary when drafting a settlement agreement. Here are six issues to consider when drafting your next settlement agreement.
language in Schlumberger, because the term “rely” was absent. Accordingly, a settlement agreement should not only include a disclaimer of reliance but also specifically contain the term “rely” in some form or the settling parties could risk exposure to later fraud claims. Including representations and warranties that the parties were, or had the opportunity to be, representedby counsel, and that the negotiations leading to the settlement agreement were arm’s length, can also bolster the effectiveness of a reliance disclaimer.
1. Disclaim Reliance Like You Really Mean It. 2. Releases: Broader is Not After a settlement agreement is signed, the possibility always exists that one party Necessarily Better. will have buyer’s remorse and seek to rescind the agreement claiming fraudulent inducement. In an effort to foreclose such claims, settlement agreements should include an express disclaimer of reliance on extra-contractual representations. In the Schlumberger line of cases, the Texas Supreme Court has repeatedly held that disclaimers of reliance must use “clear and unequivocal language.” See, e.g., Schlumberger Tech. Corp. v. Swanson, 959 S.W.2d 171 (Tex. 1997). In the Court’s most recent decision in this line of cases—Italian Cowboy Partners, Ltd. v. Prudential Ins. Co., 341 S.W.3d 323 (Tex. 2011)—it found that a merger clause disclaiming the existence of extra-contractual representations and promises was not a clear and unequivocal disclaimer of reliance, in contrast to the
A release of liability is the heart of a settlement agreement. Although the impulse when settling a dispute may be to obtain the broadest general release conceivable, the relationship of the parties may require another approach. If the parties have a business relationship beyond the resolved disputes, then the release must be tailored in consideration of that relationship. If it is not, the settling parties may unwittingly release more claims than they intend.
3. A Releasing Party Can Still Cause Trouble.
Even a broad release does not guarantee peace. Although a party may have released all of his claims, including a “covenant not to sue” in a settlement agree-
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ment provides an additional protection should the party seek to initiate litigation that is contrary to the terms of the release. The covenant can be drafted broadly to prevent a party from assisting others— directly or indirectly—in bringing litigation, arbitrations, or other proceedings. If drafted properly, a covenant not to sue can be an effective tool to prevent a party from inciting others to target your client.
4. Make Sure You Know What You’re Buying and What You Aren’t.
The decision regarding what a settlement agreement will not address should be as strategic as the decision regarding what it will address. It is important for a settling party to clearly understand what issues are being resolved and what, if any, disputes are being left for another day. Taking a “wait and see” approach with a settlement agreement that is silent on a particular issue is risky.
5. Would You Want to Arbitrate Under That Provision?
While including an arbitration provision in a settlement agreement is relatively standard, many “standard” clauses are incomplete or unclear. An arbitration provision can be drafted broadly to include all disputes related to or arising from the settlement
agreement, with carve-outs for injunctive relief as needed. It should be tailored to the needs of the settling parties, including terms addressing the selection of the administrating entity, the selection and composition of the panel, the location of the proceeding, and the allocation of fees/expenses.
6. Mum’s the Word.
A confidentiality provision covering both the negotiations and terms of a settlement agreement can be an effective tool in preventing other parties from learning of, and being encouraged to assert, similar claims against your client. Consider including limited carve-outs for the parties’ lawyers, financial/tax advisors, and spouses. As an extra protection, parties can agree that confidentiality was a material inducement for the settlement agreement, the breach of which will result in irreparable harm, such that one or both parties may seek injunctive relief without the necessity of posting a bond. Drafting a settlement agreement that is “just right” can be a task for Goldilocks. Remember to release the right amount in precisely the right way with all the bells and whistles. And to the extent disputes may arise, be sure that procedures are in place for a streamlined arbitration pro HN cess. Happy drafting.
Angela Zambrano is a partner and Erin Eckols is an associate in Weil, Gotshal & Manges LLP’s complex commercial litigation practice. They can be reached at angela.zambrano@weil.com and erin.eckols@weil.com, respectively.
10 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
D ecem ber 2011
Business Litigation/Trial Skills
Arbitration: Still an Effective Method of Resolving Business Disputes? By Karen Willcutts
In recent years, arbitration has come under increasing fire as an effective method of resolving business disputes. The primary criticism is that arbitration no longer offers the savings in time and money that the parties envisioned when they included arbitration clauses in their contracts. There are, however, steps that attorneys can take to save time and money and increase their clients’ satisfaction with the process. Be realistic and involve the client from the outset. Many times parties are dissatisfied with arbitration because they have unrealistic expectations, often stemming from the arbitration clause. For example, an arbitration clause that allows extremely limited discovery and requires a final hearing in 90 days might be realistic in a fairly simple, low-dollar dispute, but is almost never realistic in a complex business dispute. Corporate counsel responsible for drafting arbitration clauses should seriously
consider avoiding such limitations and, instead, allow their arbitration counsel the flexibility to craft a process appropriately tailored to the complexity of the dispute. When confronted with an overlyrestrictive clause, arbitration counsel should promptly discuss it with in-house counsel and seek permission to negotiate more appropriate parameters with opposing counsel. It is also helpful to include inhouse counsel in the preliminary scheduling conference and other conferences with the arbitrator so that in-house counsel can understand the issues that may be causing increased expense or delay and can add his or her input. Consider expedited procedures. If the contract does not identify the rules to be used, review the available rules and procedures and consider whether the dispute can be handled through one of the streamlined or expedited processes offered by the major arbitration providers. If so, try to obtain opposing counsel’s agreement to select that
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process. Craft an appropriate scheduling order. Thorough preparation for the preliminary scheduling conference is essential. Counsel must be well-acquainted with the underlying facts and should try to determine the volume of documents to be exchanged, whether significant e-discovery will be required and how many depositions will be needed. During the scheduling conference, establish reasonable limits on discovery, including limits on the number of document requests and interrogatories, if any. The use of a corporate representative deposition, in lieu of interrogatories, along with limits on the total hours of deposition testimony, can save time and money. Cooperate in discovery. Cooperation in the discovery process can greatly increase efficiency and reduce costs. Most arbitrators try to ensure that each party gets the information to which it is entitled and will not tolerate discovery abuse. If the rules require an initial, voluntary exchange of relevant documents and information, do it! Then, tailor any additional discovery requests, which can be handled informally through letters, to seek only specific information and documents not already provided. In arbitrations involving huge numbers of potentially relevant documents, work with the arbitrator to devise a “phased” document production, in which the more easily retrievable documents are produced first. After that, the party seeking more documents must convince the arbitrator that the time and expense of advancing to the next phase of document production is justified. Finally, make a good faith effort to resolve any disputes before filing a motion to compel. And if such efforts fail, promptly bring the matter to the arbitrator’s attention. Waiting too long to bring a discovery
dispute to the arbitrator’s attention inevitably causes delay and may necessitate postponing the final hearing date. Limit dispositive motions. Because there is no right to appeal an arbitration award in most circumstances, most arbitrators are reluctant to grant dispositive motions. As a result, dispositive motions usually gain little for the increased cost and delay. Dispositive motions can be useful in limiting the issues for the final hearing but should generally only be filed to address true questions of law. Make it easy for the arbitrator to rule in your favor. Once the final hearing stage approaches, help the arbitrator rule in your favor and efficiently write a well-reasoned award. First, prior to any deadline for amending pleadings, make sure that causes of action are stated clearly and concisely and bogus claims or defenses are eliminated. Additionally, provide the arbitrator with a pre-hearing brief that succinctly outlines the elements of each cause of action or defense. Finally, consider submitting a proposed award in Word® format that the arbitrator can use to draft the final award. Conclusion. In examining the value of arbitration, keep in mind the significant benefits the arbitration process affords besides just savings in time and expense. In arbitration, parties choose their decision makers, the proceedings are private, and the decision is generally final. These benefits can still be achieved in a timely and costeffective manner with advance planning, HN hard work and cooperation. Karen Willcutts is a mediator, arbitrator and special master with JAMS’ Dallas office. She is a former Associate Judge for Dallas County and is a former chair of the Antitrust and Business Litigation Section of the State Bar of Texas. She can be reached at kwillcutts@jamsadr.com.
D e c e mb e r 2 0 1 1
Dal l as Bar A ssoci ati on l Headnotes 11
E-Filing Practice Tips by Judge Jim Jordan
As everyone is aware, Dallas County civil courts have gone from hard paper filing to paperless e-filing. The procedure of filing is still largely the same—documents are filed with the clerk’s office, which then processes and files them in the appropriate file. Original Petitions are still handled exclusively by the central file desk, although electronic filing of motions is now handled directly by the clerks assigned to the courts. The following are some tips to help trial attorneys with this transition. Originals are shredded. Files existing before the transition to e-filing have been scanned into the system and the originals have been shredded. There appear to have been some occasions, although rare, where the original was shredded before being scanned. Also, while the clerks still accept hard filings, they usually immediately scan and then shred them. Keep your file-marked copies just in case. Incomplete scanning/misfiling. On occasion I have pulled up electronic copies and found some of the pages to be incomplete or missing. So it is probably a good idea to follow up to make sure your whole document made it into the file. And, if you don’t have the correct style or cause number (a common error when using old pleadings as a form) it will likely go into the wrong file. On rare occasion, the clerk may enter a number incorrectly. Help the clerks help you; go to the website to ensure your pleading is filed correctly and in the correct case. You can
check the District Clerk’s website for all filings (www.dallascounty.org/public_access. php). For now, downloaded copies are free. E-filing is not e-mailing. Even though you can now e-file your pleadings, this does not mean the document goes straight to the judge’s computer. It can still take a day or so for the document to show up in the file when brought up on the court’s computer. For example, anything e-filed Friday afternoon or over the weekend will not be on the system until Monday afternoon because staff works up the backlog in the morning. And anything filed late in the afternoon may not be worked up until the following morning as the file clerks leave at 4:30 p.m. If your hearing is less than a couple of days away, file a courtesy hard copy for the court. Two or three days in advance works best because filing them long in advance, say at the same time you file your MSJ or motion to transfer venue, risks having them misplaced or forgotten by the hearing date. For the most important hearings, a notebook with the motion, response and significant authority relied upon will be appreciated. Not all courts, however, have the same policy regarding courtesy copies. Check first with the court’s clerk/coordinator or website. Paginate your pleadings. Depending on the software and method used to create a document, there may be no real hyperlink ability available for searching through filed documents. A lengthy document—say a 485-page MSJ or MSJ response with attached exhibits—will open up as page 1 of 485 pages. If
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you request the judge to look at Exhibit “G” for instance, the judge has to page through until exhibit “G’ is found. But if the entire document is sequentially paginated, you can refer the judge to the page where exhibit “G” is located and the judge can enter the number and jump to that page. If you have the right kind of PDF software, you may be able to make the document smaller, searchable for words and phrases, and include bookmarks. For this, do not print and then scan the document. Print the file to a PDF driver which converts the file to PDF format or, if your software allows, save as a PDF file before e-filing. Short pleading titles. When accessing a file, the judge will pull up a “document search result” screen to look for a specific pleading. This screen has four columns—file date, document type, comment, and case number. The clerk fills out this information when the document is filed, but has only a very limited number of characters available to describe the “document type.” The clerk generally gets that information from the pleading’s title. If that title is three or four lines long, the clerk must make a judgment call. So a paper entitled “Request for Leave to Appear by Phone, Objections to Evidence and Response to Motion for Summary Judgment,” may get listed as a “Request for Leave.” The judge preparing for the MSJ hearing may thus pass over this pleading. Use short titles to help out the clerks and consider separate pleadings for separate relief. If you must combine several requests in one
document, put the most important first. Submission of proposed orders. Local Rule 2.08 requires counsel seeking affirmative relief to tender a proposed order to the court at the commencement of any hearing. It’s a good idea for counsel opposing the relief to submit one as well. But, if orders are submitted to the clerk after the hearing, include a cover letter, whether e-filed or not, that requests the order be given to the judge. Otherwise, the order may sit in e-filed limbo without the judge knowing it is there. Looking forward. The constables will no longer serve civil papers as of November 1, 2011. So, unless one uses a private process server, civil process will be sent electronically to the Sheriff instead of printing it out and having them come over. Because the Sheriff will now have Odyssey, attorneys will be able to track process through the Odyssey Service Tab. eNotice should be implemented the first quarter of next year, allowing attorneys to get an email notice when the clerk enters an event into Odyssey. Final thoughts. Some judges and lawyers are more supportive of paperless files than others, but the fact of the matter is we’re not going back to the old system. We need to work out the bugs. If something isn’t working right, there’s nothing wrong with contacting the district or county clerk HN directly. Judge Jim Jordan presides over the 160th District Court. Judge Marty Lowy, Judge Mark Greenberg, Judge Teresa Guerra-Snelson and District Clerk Gary Fitzsimmons assisted with this article.
12 H e a d n o t e s l D a l l a s B a r A s s o ciation
Focus
D ecem ber 2011
Business Litigation/Trial Skills
Effective Depositions of Business Organizations by Michael K. Hurst and Jonathan R. Childers
State and Federal rules of civil procedure provide lawyers with a prime opportunity to pin down the factual and legal positions of an organization through one or more deponents whose attendance is secured by one notice. The deposition is of the entity itself, which is required to produce the witness(s) to testify on the noticed subject matters. A corporate representative deposition is particularly helpful in business litigation. It facilitates the discovery of facts that are known by the organization, but about which individual witnesses within the organization may disclaim personal knowledge and lead lawyers on wild goose chases. Early in a case, it functions to secure a position by the organization on hotly contested issues, and to obtain facts that could take months to learn through written discovery. The deposition is effective to elicit testimony on issues of agency, policies and procedures, relationships between businesses or affiliated entities and establishing or discrediting “knowledge” or “intent.” The corporate deposition rules— Texas Rule of Civil Procedure 199.2(b) (1) and Federal Rule of Civil Proce-
dure 30(b)(6)—govern the protocol for noticing, producing, and subpoenaing parties and non-parties for oral deposition. See also Tex. R. Civ. P. 176, 199, & 205; Fed. R. Civ. P. 30, 45. An effective corporate representative deposition starts with the deposition notice. The notice must describe with reasonable particularity the matters upon which examination is requested. See Tex. R. Civ. P. 199.2(b)(1); Fed. R. Civ. P. 30(b)(6). This triggers the organization’s obligation to designate competent witnesses to testify on its behalf as to information that is known or reasonably available to the organization, with respect to each matter. The description of the subject matters should be drafted with great care, since the description determines the scope of the deposition subject to the discovery rules. First, be as broad as possible when describing the subject matters, so that you have latitude for questioning during the deposition. The optimal notice stays broad, but contains enough detail to allow the organization to select and prepare a witness, thereby providing adequate notice without giving away case strategy. Second, if you know about critical documents or communications at the time the notice is served, consider listing them as subject matters. Third, make sure to identify at
least one catch-all subject matter, such as “all claims and defenses in this lawsuit.” Fourth, if the corporate representative deposition was noticed by a coparty, consider cross-designating your own subject matters. This way, if the other party’s notice does not address topics you want to cover, yours will. Before the deposition, try to elicit from opposing counsel the identity of the persons who will testify and the subject matters for which they are designated. During the deposition, spend time ensuring the organization has, in fact, produced witnesses who can testify to each of the topics and that they are authorized to speak on behalf of the organization. Ascertain the basis of the witness’s knowledge, what he or she did to prepare to testify, with whom he or she spoke, and the materials reviewed. Do not accept responses of “I don’t know” or “I can’t recall.” Instead, remind the witness that the organization has designated him or her to testify as to its knowledge. If the witness claims to lack personal knowledge, (1) discover who does, and (2) remind the witness that he or she must testify as to all information known or reasonably available to the organization concerning the subject matter, even if it extends beyond personal knowledge. Expect an objection that some of
your questioning is beyond the scope of the notice, and be ready to respond on the record. Common responses include: stating the applicable subject matter, citing a catch-all topic included in your notice, or referencing the general scope of discovery rules. If possible, video the deposition, since this formality often helps to keep the witness cooperative. Also, bring your rulebook in case you need to reference the corporate deposition rules. Listen, follow-up, and commit the witness to a clear position and acceptable answer. Only occasionally refer to your outline to ensure you are not missing topics or documents from which you planned to inquire. Bring copies of any documents that you intend to use as deposition exhibits, and highlight and tab YOUR copies so that you can direct, in a quick and organized way, the witness to exactly where you want him or her to focus. Taking an effective corporate representative deposition early in a case should successfully position your client and its case, and serve as a foundation HN for settlement and trial. Michael K. Hurst is a partner and Jonathan R. Childers is an associate at Gruber Hurst Johansen Hail Shank LLP. They practice business trial law and can be reached at mhurst@ ghjhlaw.com and jchilders@ghjhlaw.com, respectively.
The Need for Legal Aid is Greater Than Ever Before continued from page 1
now you don’t” effect for lawyers who just want to serve the poor through the justice system. The yo-yo funding for legal aid to the poor is now compounded by the current economic situation. As attorneys, other legal professionals, and the public at large have been forced to cut back to survive, so have legal aid programs. Historically low interest rates have devastated income from Interest on Lawyers Trust Accounts. Foundations have seen their resources dry up as the stock market struggled, and individuals with less income have been unable to donate to various causes, including legal aid to the poor. In Texas, we have experienced great leadership to prevent the economic eradi-
cation of access to justice for the poor. The Supreme Court of Texas made a successful request of the Texas Legislature to appropriate funds for legal aid to the poor. This effort saved legal aid to the poor in Texas and has allowed it to continue operating at current levels. However, the struggle continues. Congress is expected to reduce funding for the Legal Service Corporation for the coming year, and legal aid programs both locally and beyond will suffer. The great losers in this entire process are those with the least power and the weakest voice—the poor. They are defenseless children, battered spouses, those who have served our country, and the disabled. They are the working poor who struggle every day to make ends meet. They are mothers raising families who have been widowed or abandoned by a spouse. They are regu-
lar people with expected legal issues ranging from family law to housing issues and consumer fraud. If controversy and financial troubles were not enough, the number of people living in poverty continues to grow. Today, 600,000 of the 2.4 million people living in Dallas County qualify for free legal help from DVAP. This qualification is based entirely on income and assets and is so low that a family of four must have an annual income at or below $27,938 to qualify for help. These are the people for whom legal advice, counsel and representation is only a dream but for legal aid. The concept of whether people, even those with little or no resources, should have access to justice depends on whether people are willing to keep access to our courts, access to legal advice and counsel,
and access to legal information alive. This is where the lawyers come in. Who among us is better suited to pursue the dream of justice for all? Attorneys as a whole are arguably more committed to the tenets of justice, the rule of law, and access to our courts than any other group of Americans. They have committed their lives to upholding the principles of liberty and justice for all. Every attorney at every level can help by representing pro bono clients, donating to the cause, advocating for funding for legal aid programs, and educating others about the importance of keeping our legal system HN open and accessible to all. Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.
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Focus
Dal l as Bar A ssoci ati on l Headnotes 13
Business Litigation/Trial Skills
Navigating Insurance Coverage Issues: What You Need to Know by Amy Elizabeth Stewart
Equipped with a basic knowledge of fundamental insurance issues, the business litigator can help her client maximize the insurance policy proceeds potentially available to defray defense costs and cover a judgment or settlement. Although not all causes of action and remedies are typically covered by insurance, business disputes often implicate multiple theories of liability, some of which will trigger insurance.
Identify the Policies
Early in the engagement, counsel should assist his client in gathering complete copies of all potentially applicable insurance policies. Commercial general liability (CGL) policies may provide coverage for business disparagement, defamation, misappropriation of advertising ideas or copyright infringement. Errors and Omissions policies offer coverage for wrongful acts, errors or omissions in the rendition of “professional services,” typically defined in terms of the insured’s business. Directors and Officers liability policies also cover various wrongful acts, which may include mismanagement, breach of fiduciary duty, and misleading statements. Fiduciary Liability policies apply to breach of the duties imposed upon employee benefit plan fiduciaries and administrators. When identifying applicable policies, bear in mind that some policies provide occurrence-based coverage, triggered by an accident or occurrence during the policy period that later results in a lawsuit. A law-
suit arising from multiple occurrences taking place over time may trigger more than one policy period. Other policies provide coverage on a claims-made basis, triggered by the assertion of a “claim” during the policy period. A lawsuit is a “claim,” but some policies define claim more broadly to include written demand letters, subpoenas, governmental investigations, or administrative proceedings. While a claims-made policy may provide coverage for misconduct before the policy’s inception, the policy’s retroactive date and prior acts provisions may limit coverage for such claims. Along with primary policies, locate any excess or umbrella policies. Inquire about policies procured by other entities involved in the particular project or transaction at issue in a dispute, which may list the client as an additional insured.
business torts cases, the insurer will identify one or more defenses to coverage. It may deny coverage or issue a letter specifying the policy provisions upon which it may later rely to deny coverage. The timeliness of the insurer’s response is governed by Section 542 of the Texas Insurance Code, which imposes an 18 percent penalty for violations.
Defending the Lawsuit
Many liability policies impose on the insurer a duty to defend the insured against claims. The duty to defend is triggered for the entire lawsuit if even one claim or allegation potentially falls within the coverage of the policy. Policies that impose a duty to defend often give the insurer the right to conduct
the defense, including the authority to select defense counsel. When certain conflicts of interest exist, however, an insurer may not insist upon its contractual right to control the defense. The insured may have the right to select independent counsel if “the facts to be adjudicated in the liability lawsuit are the same facts upon which coverage depends.” Rx.com, Inc. v. Hartford Fire Ins. Co., 426 F. Supp. 2d 546, 559-560 (S.D. Tex. 2006). Investing time at the outset of a case to assess the potentially available insurance may have a substantial impact on the client’s HN bottom line. Make it a habit. Amy Elizabeth Stewart is managing shareholder of Amy Stewart PC, which represents policyholders in insurance coverage litigation. She can be reached at amy@amystewartlaw.com.
Notice to the Carrier
Insurance policies generally require timely notice to the insurer of any claim against an insured. Under claims-made policies, prompt reporting is typically a condition precedent to coverage. The best practice is to provide notice as soon as possible for all potentially applicable policies. Late notice may be a defense to coverage if the insurer is able to demonstrate that it was prejudiced. Consult the policy for when and how notice must be given.
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14 H e a d n o t e s l D a l l a s B a r A s s o ciation
D ecem ber 2011
Tech Toys for Lawyers – 2011 Edition by Tom Mighell
What, the holiday season already? It seems such a short time ago that I last shared my favorite tech toy holiday recommendations. This year, my picks may sound like a broken record, but one thing is certain: just like last year, lawyers are clamoring over mobile technology. Phones, tablet computers and e-readers are expected to be the hot sellers again this year, and in this article I’ll cover a few of my favorites. Let’s start with tablets, which I think are poised to be a runaway holiday hit. And they aren’t just toys, either; lawyers increasingly are using tablets as part of their practice, as a supplemental tool to a laptop or desktop. The top device in this category is Apple’s iPad 2 ($499$829, depending on memory); it has more apps, including more apps for law-
yers, and like most Apple devices, it “just works.” But where last year the iPad was the only game in town, this year there are a number of challengers to Apple’s tablet dominance. The top Android tablets include the Samsung Galaxy Tab ($500), Sony Tablet S ($500-$600) and the Asus Eee Pad Transformer ($400). Blackberry’s contribution to the tablet market, the Playbook ($350-$500), just hasn’t taken off as a contender to the others—it has too few apps to be useful, and you can only access your email on the tablet when it is paired with your Blackberry device. If you want some advice on which tab-
let to choose, watch this short video from CNet (http://cnet.co/fomrIh), which might help narrow down your options. Back when the iPad was first introduced, people predicted the end of the Kindle and Nook e-readers. But these devices have survived and thrived, in a niche of their own. Amazon’s Kindle ($79-$199) is still the gold standard for e-readers; the company recently released an all-new collection of Kindles, now with a touchscreen. Even better, Amazon debuted the Kindle Fire ($199), an Android tablet device that looks to capture the tablet market for those who think the iPad is too expensive. It’s not as powerful as the iPad, but for $199, you might not care—it’s a great e-reader and digital media consumption device. Not to be outdone, Barnes & Noble has rolled out the Nook Tablet ($249), which offers twice the storage of the Kindle Fire. Either of these devices are great as gifts for the reader in your family. When you think smartphone, the “big three” still predominate: iPhone, Android and Blackberry (sorry Windows, your phone just isn’t that popular right now). Apple recently released the iPhone 4S (starting at $199), which features improved speed and an 8 megapixel camera—with the new iPhone, you can almost kiss your point-and-shoot camera goodbye. The most interesting new iPhone feature, however, is Siri, an “intelligent assistant” who can help you out—a lot. Just speak a command into the phone (“Send a text to Bob that I’m on my way,” “On May 20th remind me
it’s Dad’s birthday,” “tell me how to get to the Stockyards from here”), and Siri will do it. It’s a really amazing advance in voice-recognition technology. Apple’s competitors have not been idle, however—the Android market boasts many more users than iPhone, and for good reason; there are literally dozens of Android phones from which to choose, which can be both a good and bad thing. To see all of the Android phones currently on the market, head over to the Google Phone Market (www.google. com/phone/), which now lists 68 Android devices (nearly triple the number available last year). The latest Androids to hit the market include the Motorola Droid Razr ($110), Samsung Galaxy X ($199), Motorola Droid Bionic ($249) and HTC Sensation ($99-$549). Blackberry’s reputation has suffered over the past year with service outages and losing market share to Apple and Android, but it still offers the most robust email system of any phone. If you’re still a Crackberry addict, try the Bold 9900 ($299). Finally, my favorite new music find over the past year—the Sonos Wireless HiFi System ($299 and up). Connect one of these devices to your wireless network, and you can stream music from your computer, Pandora, or just about any music source that can be found online. Because it’s wireless, you can buy a separate unit for just about any room in the house, creating your own home stereo system at a fraction of the hassle. If you’re interested in being the lucky recipient of a tech toy this holiday season, I’d suggest leaving this article where a loved one can read it. Happy holidays HN to all—see you next year! Tom Mighell is a Senior Consultant with Contoural, Inc., and currently serves as Chair of the ABA Law Practice Management Section. He can be reached at tmighell@gmail.com.
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Classifieds
Dal l as Bar A ssoci ati on l Headnotes 15
December
OFFICE SPACE
Uptown. AV rated senior trial lawyer with overflow practice has two furnished window offices and a secretarial area available. Bilingual receptionist, conference room, etc. Prefer experienced professional to share office space and overhead. Email: whayner@haynerlaw.com or call (214) 871-2500. Injury Law Incubator: Young lawyer with huge case? Need a rent-free and fully-furnished office & exceptional joint-venture team? Come visit our beautiful offices in NW Dallas and see if we’re a fit. Marc Lenahan, (214) 295-1008, Law@Lenahan.com. www.SevereInjuryLawFirm.com The Historic Hartford building, Downtown Dallas, 400 N. St. Paul Street, 500 to 4,350 SF floor plans, Spec ready suites available, $10.00$12.00/SF, full service, DART Rail location, ground floor restaurants, garage parking, onsite management/engineer. Contact Chad Traxler (972) 458-7600 or ctraxler@jppartners.net. Preston Center office space available on 15th floor in BBVA Compass Bank Building. 1 Partner office, 2 associate offices and 1 large bullpen area for 2 secretaries. We can also provide network, Internet, phone and copier/scanner if desired. Call Kelly at (214) 378-8270 or email khess@csmlaw.net. Shared amenities include large and small conference rooms, kitchen and office services room. Office space available within small real estate law firm located at 4054 McKinney Avenue. Shared conference and break room, copier, DSL & phone equipment are available if needed. No long term commitment and a total monthly rate of $650.00. For inquiry, please call (214) 520-0600. Executive office available (w/ optional secretarial office). Preston Tower. Shared amenities (kitchen, conference room, reception area, bathroom). $775/mo. Near Preston Center, 10 min. from courthouse. Call (214) 369-1171 or email herbhooks@aol.com. Prime 7th Floor Downtown Office Space: Founders Square. 900 Jackson Street @ Griffin, cattycorner from Federal Courthouse, 2 blocks from George Allen Courthouse: 4 great offices available in office sharing arrangement with 4 established solo practitioners. 1 partner office: $998.15/month; 1 partner office with secretarial carrel: $1,242.98/month. 2-partner office suite with 2 secretarial carrels: $3,141.70/ month. Amenities include large conference room, kitchen, workroom, built-in filing cabinets, and reception area. Tenants are responsible for their own telephone/fax/internet. Underground parking available: $140/month
reserved $110/month unreserved. Cafeteria, shoeshine and mail room in building. Many restaurants nearby. Contact Ted Steinke at (214) 747-7148 or ts@tedsteinke.com. Where Legal Eagles Nest. 11,540 sf Design District law firm office building for lease/sale. 3 minutes/3 miles from Frank Crowley Justice Center. 48-car parking, 11 private offices, 4000+ sf open workspace 1319 Crampton, Bob Darrouzet (972) 8496265, bob@trinityrealestate.com. Free Rent-SMU, Yale/Central. Partner office and secretarial space. Beautiful 12th floor view of SMU/Bush Library/Park Cities. Professionally decorated, beautifully furnished. Overflow business. Receptionist, elegant conference room, kitchen, DSL, door signage, restaurant, bank, parking, DART. Office $1,095.00/mo., secretarial space $300.00/mo. (214) 369-9888. North Dallas. Sublease a large bright office with a view at 15150 Preston Road from solo attorney. Conference room, reception, telephone system, copier, fax, scanner, highspeed internet and kitchen all with a friendly atmosphere. Call (972) 991-2277 or email don@cticdallas.com for more information. Office Space For Sale With Double-Sided Billboard. Located alongside I-35. 2,197 sf single-story bldg with 10,385 sf total. Asking $ 700K (negotiable.) Great income potential from billboard. Scott Richardson (817) 831-3100. High-rise views at low-rise rates. Panoramic views from 63rd floor. Class-A downtown space close to courthouse, AVrated 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.
POSITION AVAILABLE
Dallas boutique business, commercial, bankruptcy, and construction litigation firm seeks experienced litigator. Candidate must have first chair trial experience and have taken expert deposition. Stable work record necessary. Compensation negotiable. Some portable hourly clientele and involvement in one or more associations a plus. Firm offers first-rate office environment. This is an excellent opportunity for the right attorney. Respond to: oaklawnfirm@aol.com. Established Boutique Estate Planning Law Firm in North Dallas has an immediate opening for an experienced estate planning attorney with a strong tax background. Part or full time, flexible hours. Email your
resume to estateplanningdallas@gmail.com. Small-sized north Dallas AV law firm seeks part time (25 hours a week) associate/of counsel attorney experienced in transactional, tax and/or estate planning law. Prior attorney in this position possessed a Master in Tax degree and experience in the employee benefits area. Perfect for an experienced colleague who wishes a flex time position in his or her career. Respond with cover letter and resume to Dallas Bar Association, Box 11–11A, 2101 Ross Avenue, Dallas, Texas 75201. Mid-sized AV-rated North Dallas firm seeks a partner with portable business of at least $500k in any of the following areas: business litigation, insurance defense, real estate, or construction. Please reply to mssattorneys@gmail.com. Palmer & Manuel, LLP, a 13 attorney firm in Campbell Centre, seeks one experienced business litigation and one experienced family law attorney. 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. Estate Attorney. Sixty-lawyer general practice Far North Dallas firm seeks attorney with sophisticated estate planning experience (minimum 5 years, but much more experience welcome) to join estate practice group. Outstanding practice environment and opportunity. Email your resume to: estplanningatty@gmail.com. Dallas Associate Position. Established 30+ attorney firm seeking attorney with 2-4 years of experience in civil litigation. Primary case load will consist of defense litigation as well as insurance coverage litigation, civil appeals, and preparing coverage opinions. Young firm with offices throughout Texas offers associates substantial responsibility in a congenial work environment at
a competitive compensation level and good benefits. Strong research, writing, and advocacy skills a must. Please forward resume and references to hr_lawfirm@yahoo.com.
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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. 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. Spanish-Language Interpreting Services. Margarita Martín-Hidalgo, State Certified Court Interpreter, Federally Certified Court Interpreter. Tel. (214) 883-1736. E-mail: mmartinhidalgo@me.com. Economic Damages Experts - Thomas Roney has more than twenty 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.
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†KM_HNad101111_b
10/19/11
D ecem ber 2011
12:40:02 AM
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