Dallas Bar Association
HEADNOTES Focus ADR/Collaborative Law
May 2016 Volume 41 Number 5
Focus
ADR/Collaborative Law
Arbitration in International Commercial Transactions BY RICHARD GALLAGHER
Thank you to the volunteers who helped make the Law Day Committee’s Mock Voir Dire a success. Held at the George Allen Courthouse on April 8 for more than 200 Dallas ISD students, the event addressed Miranda—More than Words. Special thanks to Law Day Committee Chair Mandy Childs, (front right) and Judge Martin Hoffman (far left) who organized the event.
Focus
ADR/Collaborative Law
The Mediator’s Prayer—A Practical Guide to Successful Mediation BY AL ELLIS
“Oh Lord, won’t you buy me a big diamond ring?” - Janis Joplin Just as Janis Joplin prayed for a diamond ring, mediators too have a few prayers their own. Following are a few of those prayers and incantations. Prayer 1 – Lawyers, please talk to each other in advance. Attorneys and their representatives often come to the mediation never having had a discussion about the potential for settlement. Sometimes, a party’s position is set in stone, and they have no room to negotiate. If this is the case, the lawyers should discuss the issue and ask the court for relief from mediation. For example, insurance companies often classify car crashes as minor vehicle damage/chiropractic care cases, and by policy or procedure, are prevented from making any offer above a small predetermined amount. On the positive side, at times, good attorneys just have not discussed settlement. As this article was being written, two fine attorneys came to our office for a mediation. I asked them if they could talk and settle the matter without me. They did! Prayer 1A – Please make an initial demand and settlement offer to each other. Long, long ago, before there was such a thing as mediation, lawyers and clients settled about the same percentage of cases as they do in mediation by talking to each other in advance. At the very least, a mediator prays for an initial settlement demand and offer prior to mediation. Prayer 2 – Please read your file before mediation. A brief overview so you know the basics of the case prior to mediation is very helpful. First,
it increases your client’s confidence in your representation. Second, it shows the mediator you are familiar with the facts and are prepared to enter into negotiations from the get-go. Answering this mediator’s prayer is especially helpful since we have fewer general sessions. The first opportunity for the mediator to learn about your position may be the initial discussion with the lawyer and his client. In this regard, while it is not always mandated, it is extremely helpful to the mediator to have a very short position paper available in advance. Prayer 3 – Please trust the mediator when asked for your bottom line goals. So often, parties are hesitant to provide the mediator with their final goals for they believe the mediator will then use that information to negotiate a settlement which is short of the goal. By the end of the mediation, the mediator will be pushing all parties to accept or pay less than their final goal, but you will be surprised how often one party’s final goal is within the parameters of the other party’s final goal. Prayer 4 – To paraphrase a well-known political slogan, “It’s the process, stupid.” Settlement of all cases, but especially cases with significant disputes regarding liability or damages, requires allowing the process to develop. While it may appear there are significant delays in progress, or nothing is happening, this is not normally the case. Good mediators spend a significant amount of time with lawyers and parties just getting to know the players, their backgrounds, their history, and their personal attitudes toward the lawsuit. Getting to know everyone on a more personal level helps everyone to relax and become more comfortable with the process.
continued on page 18
While traditional methods such as negotiation, mediation, conciliation, and litigation account for much of the dispute resolution activity with regard to domestic as well as international commercial transactions, international arbitration, which has long played a significant role in civil law jurisdictions, is becoming more commonplace in general and is overwhelmingly the preferred method of dispute resolution in the international energy industry. International arbitration may be used alone or in conjunction with conciliation or mediation, is accepted as being more “user-friendly,” and is significantly faster and cheaper than the other methods. The parties get to choose the language, location, rules of procedure, governing law, and the extent of confidentiality relative to the very existence of the dispute, as well as the issues and facts in dispute. To some extent, the parties also get to choose the arbitrators. While critics of international arbitration point to rising costs, it is unquestionably both less costly and less timeconsuming than U.S.-style litigation “Awards” in arbitration are intended to be final, binding, and enforceable and not subject to appeal based on alleged errors of law or fact, except in limited circumstances such as arbitrator fraud or corruption. Awards are generally required to be “reasoned” and “in writing” and the determination of factual and legal issues will typically be made by a panel of 3 professionals— not “civilians.” Significantly, current practice calls for the arbitrators to be “independent and impartial.” Awards are largely determined based on written submissions, but “hearings” are also a common feature. Problems frequently develop when parties or counsel try to change arbitration into litigation by attempting to utilize traditional U.S. discovery methods such as interrogatories, depositions, etc. Civil law countries are not favorably disposed to U.S. litigation and such efforts are frequently rebuffed, with the arbitrator(s) determining just how much discovery is “enough.” “International arbitrations” may be between private parties, a private party and a State, or between States. Like domestic arbitration, international arbitrations may be conducted on an “ad hoc” or “institutional” basis; in “institutional” arbitration, the administrative functions are handled by any of a host of ADR institutions. While there are many dozens of such institutions, the most well-known are the Interna-
tional Centre for Dispute Resolution (an arm of the American Arbitration Association), the International Chamber of Commerce, the London Court of International Arbitration, and the Stockholm Chamber of Commerce. The legal structure under which an international arbitration can be conducted may arise from a dispute resolution clause contained in an underlying contract, a separate “Arbitration Agreement” between the parties, or by the parties’ election to initiate proceedings under any of a number of international or regional Conventions (such as the Convention on the Settlement of Investment Disputes between States and Nationals of Other States), investment multilateral trade agreements, or bi-or multi-lateral investment treaties. Where the basis for an international arbitration is the underlying contract, the importance of studied foresight and skillful drafting cannot be overemphasized. It is not surprising that a number of different sets of laws may apply to a given arbitration. Importantly, arbitrations are subject to the procedural laws of the place of the arbitration (the “lex arbitri”). Also, the United Nations Commission on International Trade Law (UNCITRAL) has a “Model Law” which many countries have adapted for use which may come into play. The law agreed to in the “Governing Law” or “Dispute Resolution” clause will certainly apply. For arbitrations in the U.S., the Federal Arbitration Act encourages and protects the arbitral process and, close to home, the Texas General Arbitration Act may also have application. There are a number of international conventions, such as the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), that may also be applicable with respect to enforcement of an award. Similarly, various Regional Conventions such as the Inter-American Convention on International Commercial Arbitration (the “Panama Convention”), the European Convention, the Moscow Convention, and the Arab Convention on Commercial Arbitration may find application in certain instances. As can be seen from this “glimpse,” international arbitration is a very viable and interesting method of resolving disputes (and enforcing awards) between two or more private parties and/or States with respect to international commercial transactions. HN Richard Gallagher is a solo practitioner and can be reached at: jrgallaghe@aol.com.
Inside 5 Ethical Obligation of Attorneys to Have “The Talk”
Don’t miss your opportunity to advertise (print & online) in the #1
11 Expanding Collaborative Law Beyond Family Disputes
“Legal Resource & Expert Witness Guide” in Dallas County.
17 Mediating with Millennials
Contact PJ Hines at (214) 597-5920 or pjhines@legaldirectories.com
2 H e a d n o t e s l D a l l a s B a r A ss ociation
May 2016
Calendar May Events
Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
FRIDAY CLINICS MAY 6-BELO Noon
“Electronic Discovery, including Social Media, Preservation Duties and Sanctions,” Bruce Bowman and Jenny Martinez. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
MAY 13-NORTH DALLAS** Noon
“Nuts & Bolts for Startups,” Kevin Vela. (MCLE 1.00)*At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to kzack@dallasbar.org.
Criminal Justice Committee
Publications Committee
Christian Lawyers Fellowship
Dallas Asian American Bar Association
Noon
Tax Law Section “Techniques for Reducing Employment Taxes and the NIIT,” Clint Davis. (MCLE 1.00)*
Transition to Law Practice Committee “Malpractice Tips for the Beginning Lawyer,” Prof. Bill Bridge, Carrie Phaneuf and Robert Tobey. (Ethics 1.00)*
TUESDAY, MAY 3 Noon
Corporate Counsel Section “Cybersecurity: What the GC and CEO Need to Know,” Shawn E. Tuma. (MCLE. 100)*
Tort & Insurance Practice Section “How Social Media Affects Lawyers, Judges and Juries: Tips to Avoid Disaster,” Robert Tobey. (MCLE 1.00)* Morris Harrell Professionalism Committee
6:00 p.m. DAYL Board of Directors Meeting
WEDNESDAY, MAY 4 Noon
Employee Benefits & Executive Compensation Section “Collective Bargaining and Employee Benefits,” Jonathan Elifson. (MCLE 1.00, Ethics 0.50)*
Solo & Small Firm Section “Maximizing Your Mediation,” Jay Zeleskey. (MCLE 1.00)*
Trial Academy “Evidence Rules You Need to Know – Part 1,” Professor Fred Moss. (MCLE 2.00)*
Public Forum Committee
DAYL Judiciary Committee
DAYL Lunch & Learn CLE
5:30 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available
THURSDAY, MAY 5 Noon
Construction Law Section “Who’s BIM Is This?” J. Matthew Shadonix. (MCLE 1.00)*
Judiciary Committee “How Not to Ruin Your Appeal Before You Take It—Candid Advice from Three Appellate Judges,” Hon. Joe Morris, Hon. Mary Murphy and Hon. Mark Whittington. (MCLE 1.00, Ethics 0.50)* DVAP Pro Bono CLE “Practice Tips in the JP Court,” Amir Befroui. (MCLE 1.00)* To register, contact vallejod@ lanwt.org.
Family Law Section Board Meeting
Lawyer Referral Service Committee
St. Thomas More Society
4:45 p.m. Annual Evening Ethics Fest Early registration deadline: May 2, midnight. Early Pricing: $65 DBA members/$135 non-member. Register online at www2.dallasbar.org/dbaweb/ eventregistration/EthicsFest.aspx or contact ahernandez@dallasbar.org. (Ethics 3.00)*
FRIDAY, MAY 6 Noon
Friday Clinic—Belo “Electronic Discovery, Including Social Media, Preservation Duties and Sanctions,” Bruce Bowman and Jenny Martinez. (MCLE 1.00)* RSVP to kzack@dallasbar.org.
SUNDAY, MAY 8
10:30 a.m. Mother’s Day Brunch at Belo. Adults: $39.95, Children 6-12: $13.75. RSVP: culinairesales@dallasbar.org or (214) 220-7404 by May 4.
MONDAY, MAY 9 Noon
Alternative Dispute Resolution Section “Private Mediations are Public Accommodations: What Every Mediator Needs to Know About the Americans With Disabilities Act,” Jeanna Huey and Richard Hunt. (Ethics 1.00)*
Real Property Law Section “Tax Deferred Like-Kind Exchanges: More on the Menu Than Just Swapping Deeds,” Christopher Alan Cunningham. (MCLE 1.00)*
Peer Assistance Committee
TUESDAY, MAY 10
Noon
Friday Clinic—North Dallas** “Nuts & Bolts for Startups,” Kevin Vela. (MCLE 1.00)*At Two Lincoln Centre, 5420 Lyndon B. Johnson Frwy., Ste. 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. Thank you to our sponsor Fox Rothschild LLP. RSVP to kzack@dallasbar.org.
Trial Skills Section “Expert Discovery in State Court,” Victor Vital. (MCLE 1.00)*
DAYL Freedom Run Committee
DWLA Board Meeting
MONDAY, MAY 16 Noon
Labor & Employment Law Section “Best Practices In Drafting Executive Compensation Programs,” Melissa M. Goodman and Susan A. Wetzel. (MCLE 1.00)*
TUESDAY, MAY 17 Noon
Antitrust & Trade Regulation Section “Rodeo Cowboys and AQHA: How Trade Associations and Other Groups Buck Antitrust Conspiracy Claims,” Thomas D. York. (MCLE 1.00)*
Noon
Business Litigation Section “Adding More Arrows to the Quiver: Statutes and Procedural Rules that are Helpful, But Not Well Known,” Shawn Brown, Ladd Hirsch, Chris LaVigne and John Palter. (MCLE 1.00)*
International Law Section “Human Rights and Transnational Business: the United Nations’ Guiding Principles and the U.K.’s Modern Slavery Act,” Dana Nahlen and John Vernon. (Ethics 1.00)*
Immigration Law Study Group “Strategies for Proving Extreme Hardship in I-601A Cases,” Meghan Abigail and Lauren Wallis. (MCLE 1.00)*
Mergers & Acquisitions Section “Effective Partnering between Inside and Outside Counsel,” Lisa Winston Hicks, James E. Mutrie, Lauren Passmore Reed and Thomas H. Yang, moderator. (MCLE 1.00)*
4:00 p.m. DAYL Swearing-In Ceremony
Dallas Bar Foundation Board Meeting
DAYL Business & Career Development Committee
DAYL Compassion Fatigue CLE
THURSDAY, MAY 12
Probate, Trusts & Estates Section “2015-2016 Tax Law Update,” Prof. Stanley Johanson. (MCLE 1.00)*
DVAP Ad Litem Certification (1:15 p.m., immediately following Probate CLE) “Guardianship Ad Litem Certification Course—Probate Law,” Hon. Brenda Hull Thompson. (MCLE 4.00, Ethics 1.00)*
Courthouse Committee
DAYL Lawyers Promoting Diversity Committee
American Immigration Lawyers Association
WEDNESDAY, MAY 25
DAYL Elder Law Committee
Municipal Justice Bar Association
6:00 p.m. Dallas Hispanic Bar Association
WEDNESDAY, MAY 18
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.
Noon
11:30 a.m. House Committee Walk Through
DAYL Assisting Lawyers in Transition Committee
TUESDAY, MAY 24
DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.
Non-Profit Law Study Group
DAYL Solo & Small Firm Committee
Pro Bono Activities Committee
Summer Law Intern Program Committee
Entertainment Committee
Senior Lawyers Committee “Cutting Edge Medical Breakthroughs”
Bench Bar Conference Committee
DAYL Equal Access to Justice Committee
7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group
Securities Section “Private Placement Securities Law Expectations for Issuers as Compared to Resellers,” Bruce Newsome. (MCLE 1.00)*
Health Law Section “Privacy of Psychotherapy Notes – Impact on Privacy of Protected Health Information Compliance Planning,” Alexis Angell and Sstephen Angelette. (MCLE 1.00)*
Family Law Section “The Impact of Apology: When Sorry Works and When It Doesn’t,” Lee Taft. (Ethics 1.00)*
Community Involvement Committee
Noon
Computer Law Section “Graphical User Interfaces – A Guide to Intellectual Property Protection,” Tyler Beas and Roshan Mansinghani. (MCLE 1.00)*
Sports & Entertainment Law Section “Music Streaming and Copyright Issues,” Melissa Eckhause. (MCLE 1.00)*
Energy Law Section “Current Trends and Issues in Oil & Gas Bankruptcy Cases,” Kenneth Stohner, Jr. (MCLE 1.00)*
WEDNESDAY, MAY 11
Noon
Noon
Noon
6:00 p.m. Home Project Committee
DAYL Lawyers Against Domestic Violence Committee
MONDAY, MAY 23
FRIDAY, MAY 13
“Defending Against Depression: Understanding Symptoms and Treatment for the Depressed Attorney,” Kevin Fuller. (Ethics 1.00)* Co-sponsored by the CLE & Peer Assistance Committees. RSVP to kzack@ dallasbar.org.
MONDAY, MAY 2
6:00 p.m. J.L. Turner Legal Association
MAY 20-BELO Noon
(Ethics 1.00)* Co-sponsored by the CLE & Peer Assistance Committees. RSVP to kzack@dallasbar.org.
THURSDAY, MAY 19 Noon
Appellate Law Section “Ten Commandments of Appellate Advocacy and the Reasons for Breaking Them,” Brent Rosenthal and David Weiner. (MCLE 1.00)*
Media Relations Committee
Minority Participation Committee
Christian Legal Society
Dallas Gay & Lesbian Bar Association
THURSDAY, MAY 26 Noon
South Dallas Clinic “The Ins and Outs of Child Support and Its Ramifications Beyond Family Law,” Michelle Heron. (MCLE 1.00)* At UNT Dallas, 7400 University Hills Blvd, Building 2, Room #138. Park in lot in front of 7400 University Hills Blvd. RSVP to kzack@dallasbar.org.
Collaborative Law Section “Shall We Dance: Dealing with Concerns About Collaborating,” Melinda Eitzen. (MCLE 1.00, Ethics 0.80)*
Criminal Law Section “Services to Assist Attorneys with Mental Health Cases,” Leah Gamble. (MCLE 1.00)*
Environmental Law Section Topic Not Yet Available
DBA Community Service Fund Board Meeting
DAYL CLE Committee
FRIDAY, MAY 27 Noon
Intellectual Property Law Section “USPTO Update from the Texas Regional Office,” Hon. Miriam Quinn and Hope Shimabuku. (MCLE 1.00)*
8:00 a.m. 7th Annual Child Welfare Course (MCLE 7.00, Ethics 3.00)* To register, go to www.dallasbar.org or contact ahernandez@ dallasbar.org. Presented by the DBA Juvenile Justice Committee.
3:30 p.m. DBA Board of Directors Meeting
MONDAY, MAY 30
FRIDAY, MAY 20
DBA Offices Closed in Observance of Memorial Day
Noon
Government Law Section Topic Not Yet Available
Noon
Legal History Discussion Group “The Grand Jury in Historical Perspective,” Prof. Joshua Tate. (MCLE 1.00)*
CLE Committee
Friday Clinic—Belo “Defending Against Depression: Understanding Symptoms and Treatment for the Depressed Attorney,” Kevin Fuller.
TUESDAY, MAY 31 No DBA Events Scheduled
Mother’s Day Brunch J
Sunday, May 8, 2016, Belo Mansion
oin us for a culinary tour at the beautiful Pavilion at the Belo Mansion as you celebrate Mother’s Day. Dine in the ballroom or on the exquisite terrace overlooking the Arts District and enjoy complimentary champagne and mimosas. A bountiful selection of fresh fruit, breakfast breads, chilled seafood station, carved prime rib, omelets and freshly made pancakes and waffles, a variety of pies, cakes and sweets and the ever-popular children’s buffet. Serving hours from 10:30 a.m. to 2:30 p.m. | Adults: $39.95; Children 6-12: $13.75 Garage parking available ( from Olive Street. ) Taxes, gratuities and parking not included Reservations Required by May 4. Credit Card to hold reservation. No-shows will be billed. Call: ( 214 ) 220-7404 or email culinairesales@dallasbar.org. Limited seating. Sponsored by the DBA Entertainment Committee.
SAVE THE DATE FOR THE DBA’S BENCH BAR CONFERENCE September 29-October 1, 2016 Horseshoe Bay Resort Registration materials available in May Contact rthornton@dallasbar.org for more information
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D al l as Bar A ssoci ati on l Headnotes 3
5600 West Lovers Lane, Suite 224 Dallas, TX 75209 o 214.350.0400 f 214.350.7503 briggsfreeman.com
Dear Friends, I’m pleased to share the great news that Lucy Johnson is now a Senior Vice President at Briggs Freeman Sotheby’s International Realty. This designation, on its own, is a tremendous achievement, but Lucy’s accomplishment of rising two levels (from Associate to Senior Vice President) in just one year is truly unprecedented. Lucy creates extraordinary transactions for her clients—utilizing her business expertise, marketing acumen and years of legal practice to successfully connect buyers and sellers with exceptional homes. I hope you’ll join me in congratulating Lucy on her outstanding accomplishments. We are so proud of Lucy and pleased to have the opportunity to work with her and serve the residents of the Metroplex. Sincerely,
Robbie Briggs, President and CEO Briggs Freeman Sotheby’s International Realty.
Senior Vice President 214.616.1288 ljohnson@briggsfreeman.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
May 2016
President's Column
Headnotes
Rich Lawyers, the Good Old Days, and Other Legends BY JERRY C. ALEXANDER
This column and next month’s will talk about some legal legends and myths and their basis or lack thereof. First let us examine the legend of “the Rich Lawyer.”
Rich Lawyers Over the years, I have personally known 56 lawyers who have been owners of, or have invested heavily in, a bar or restaurant that went broke, but only two who have actually gotten “Big Rich” practicing law, especially young enough to retire by, say, 50. There are the “read-about” really rich lawyers, like Joe Jamail and the “Tobacco Lawyers,” but the reason we can read about them is because they are written about, and the reason they are written about is because getting Big Rich practicing law is—well—unusual. Recently many people have complained that times are harder from a financial standpoint than they have been historically practicing law because of more competition for less good-paying business. I think, perhaps, it has always been that way.
The Suggested Minimum Fee Schedule In the 1960s, times, apparently, were so hard for lawyers financially that the State Bar of Texas published something called the Suggested Minimum Fee Schedule. It is dated April 1968, and it is very interesting and, I think, telling. The Schedule was some 80 pages long and contained Suggested Minimum Fees for various “legal products.” On page 1, the Suggested Minimum Fee Schedule states, unapologetically: “Minimum Fees. The fees suggested in this Schedule represent the minimum compensation which should be received by the lawyer who performs the service with reasonable competence.” It goes on to state, “Nothing herein should be construed as implying that a fee in excess of the minimum prescribed is unreasonable.” It further gives the reason for publishing the Schedule as the public interest, because lawyering was not being chosen as a career by the best and the brightest because practicing law was not as financially rewarding as other endeavors. Next, the Schedule talks about what these minimum fees should be. The minimum applicable hourly rate in 1968, according to the Schedule, should have been at least $40 per hour. Then there are also many “flat fees” quoted: Uncontested Adoption
$250
Assignment for Benefit of Creditors (Note: when is the last time someone did that?)
$200
Bankruptcy – uncontested for debtor if assets are not scheduled
$250
Bankruptcy – uncontested for debtor, if assets are scheduled
$350
Incorporation
5% of the first $10,000 in capital contributed (but not less than $300)
Change of Name
$150
Divorce – uncontested with no children
$250
Divorce – uncontested proceeding in which the custody of minor children are involved
$350
Divorce – uncontested proceeding in which minor children are involved and citation is issued
$400
Property Settlements
10% of first $5,000 and 5% of the value of property allocated to the client in excess of $5,000
Estate Planning
Percentages of the amount of property or specified
Partnerships
Percentages of capital, but not less than $150
For litigation, the minimum contingent fee contract would be 33-1/3 percent if there was no appeal, and 40 percent if an appeal were perfected (again, these were the minimum suggested fees). When litigation was to be performed on an hourly basis, the minimum suggested fee for filing a Petition or an Answer was $250. Preparation for trial was a minimum of $40 per hour and appearances in Court were a minimum of $250 a day, with a notation that in cases necessitating the use of a senior and junior counsel, $125 a day should be added for junior counsel. County Courts and the Justice Courts had similar schedules, but the fees were for much less. At that time, the County Courts at Law had very limited financial jurisdiction, so much less so, in fact, that the Suggested Minimum Fee Schedule made the following comment: In certain matters arising in the Justice and County Courts, the applicable hourly rate is considerably less. In such instances, the lawyer performs the service at an economic loss so that the public will not be without counsel in matters involving small amounts. Thus, even in 1968, the State Bar was concerned about people having access to attorneys in all (even small) civil matters—the 1968 approach to Equal Access to Justice. The Suggested Minimum Fee Schedule had the following interesting observation about the equality of the importance of trial lawyers and office lawyers: “the service performed by the lawyer in his office partakes of the same quality as that which he performs in Court. If there is to be equal justice under the law, there is no place for friendship, favoritism or discrimination in the fees to be charged for legal services.” The Suggested Minimum Fee Schedule also had an interesting observation about the financial equality of “city” lawyers and “country” lawyers when it came to law office economics: “The cost of operating a law office in a small town is as much as that in the largest city. Although in the former rent and salaries are usually lower, these differences are more than offset by the higher cost of office supplies, the lack of efficient help, the distance from the town to the County seat, and the slower pace at which transactions are consummated.” (Note: How much higher could cost of office supplies be?)
The Good Old Days Times were different, but the concept of lawyers getting rich at $40 an hour even in 1968, was not a viable one. Inflation calculators tell us that $40 had the same buying power in 1968 as $285 does now, and of course that $40 was a gross amount billed which, after expenses and the usual problems with finding enough paying business to bill and actually collecting what it billed, it would not have made anyone “rich,” or anywhere close to it. I have no idea how many attorneys actually followed the Suggested Minimum Fee Schedule. I doubt very many, and the difference in what they actually billed may surprise you. In my case, when I was first licensed in 1972, my time was billed at $25 an hour. I did not reach the heady $40-per-hour billable rate until 1974 (six years after the Minimum Fee Schedule for $40 per hour was published), and it was 1977 before I attained the lofty plateau of $50 per hour! Whatever the Suggested Minimum Fee Schedule was or was not in 1968, it obviously came about because lawyers were having difficulty making a good (or any) living practicing law then. Maybe things were not so different in the “Good Old Days” than they are now.
Next Month Next month’s article will talk about the often heard complaint that there are “Too Many Lawyers” and that is why it is more difficult now than in “the Good Old Days.” In the meantime, take heart, we are all in this together and, apparently, have been for a long time. See you at the Belo! HN Jerry
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: Jerry C. Alexander President-Elect: Rob D. Crain First Vice President: Michael K. Hurst Second Vice President: Laura Benitez Geisler Secretary-Treasurer: Sakina Rasheed Foster Immediate Past President: Bradley C. Weber Directors: A. Shonn Brown, Hon. Rob Cañas, Jonathan Childers, Dawn Estes, Rocio Cristina Garcia (President, Dallas Hispanic Bar Association), Stephanie Gause (President, Dallas Association of Young Lawyers), Hon. Martin Hoffman, Krisi Kastl, Bill Mateja, Karen McCloud, Kate Morris, Cheryl Camin Murray, Emmanuel Obi (President, J.L. Turner Legal Association), Monika Sanford (President, Dallas Asian American Bar Association), Diane M. Sumoski, Robert L. Tobey (Chair), Aaron Tobin (Vice Chair) and Victor D. Vital Advisory Directors: Christopher Kang (President-Elect, Dallas Asian American Bar Association), Angelina LaPenotiere (President-Elect, Dallas Hispanic Bar Association), Tramaine Scott (President-Elect, J.L. Turner Legal Association), and Paul Simon (President-Elect, Dallas Association of Young Lawyers) Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Wm. Frank Carroll, Leon Carter, John Jansonius, Florentino A. Ramirez and Scott Stolley
HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Meghan Hausler and Keith Pillers Vice-Chairs: Alexander Farr and Carl Roberts Members: Timothy Ackermann, Logan Adock, Jerry C. Alexander, Wes Alost, Jason Bloom, Andrew Botts, Charles Coleman, Shannon Conway, Jess Davis, James Deets, Leiza Dolghih, Dawn Fowler, Susan Halpern, Jeremy Hawpe, Mary Louise Hopson, Lindsay Hedrick, Brad Jackson, Andrew Jones, Kristi Kautz, Amanda Kelley, Michelle Koledi, Kevin Koron-ka, Susan Kravick, Lawrence Maxwell, R. Sean McDonald, Tyler Mendez, Terah Moxley, Jessica Nathan, Eugene Ol-shevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Kathy Roux, Jared Slade, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Ashely Swenson, Michael Tristan, Pryce Tucker, Peter Vogel, Suzanne Westerheim, Yuki Whitmire DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins, Briesha Taylor Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2016. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publica-tion. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not nec-essarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
M ay 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 5
ADR/Collaborative Law
Ethical Obligation of Attorneys to Have “The Talk” BY LAURA R. SCHLENKER
Imagine a client walks into his attorney’s office, justifiably angry, and wants his attorney to do whatever it takes to protect or enforce his legal rights. We have all been there. We know what our clients want to hear and what they want us to do. But what exactly do the Texas Disciplinary Rules of Professional Conduct say about client conversations at the front end of representation? Do the Rules impose a broader duty than zealously advocating his case? When should attorneys have “the talk”—the ADR talk— with their clients? Under the Texas Rules, attorneys have two primary roles, “Advocate” and “Counselor.” Each role is separately defined and ethically distinct. It is critical that lawyers understand our responsibilities as Counselor so we do not abdicate them in our rush to raise the banner for our client. Texas Rule 2.01, the lone rule describing this aspect of the attorney-client relationship, states that “In representing a client, a lawyer shall exercise independent professional judgment and render candid advice.” What kind of advice? The comments lend some guidance. The advice should take into account “practical considerations, including costs and effects on other people.” Also, “it is proper … to refer to relevant moral and ethical considerations.” And “the lawyer’s responsibility as advisor may include indicating that more may be involved than strictly legal considerations.” The ABA comments under the parallel Model Rule are even more explicit: “when a matter is likely to involve liti-
gation, it may be necessary … to inform the client of forms of dispute resolution that might constitute reasonable alternatives to litigation.” While the Texas Rules do not explicitly contain this language, it is reflected in the Texas Lawyer’s Creed: “I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.” Section II, No. 11. In Texas, these alternative methods include collaborative law. The collaborative process is codified in the Texas Family Code and is engaged by contract in civil settings. Advocate vs. Counselor – what is the difference? Consider that an Advocate generally deals with past events as the attorney navigates the legal system on behalf of the client. By contrast, a Counselor assists the client in determining the course of future events in light of future goals and relationships. Part of our job as attorneys is to discover where our clients want to go and help them chart the best route to that destination. In that sense, one function of an attorney is to be a vision caster—to help each client determine what outcomes are the most desirable and what pathways will achieve those goals. This requires some work on the part of the attorney. Just because a client tells you “what he wants” and “what he wants you to do” does not mean the client will be where he wants at the end of the process. A lawyer fails his client if he does not take the time to fully understand and assess the client’s situation, to the point that the lawyer is able to “exercise independent professional judgment.” Whenever litigation is a possibility, it is prudent to manage client expectations
by discussing ADR at the front end, in view of the numbers alone. Over 90 percent of litigated cases settle before trial. Clients can feel betrayed if their passionate advocate suddenly begins to suggest compromise. And if settlement is always a potential endgame, then planning for it in advance will provide a better result than an 11th hour scramble. But other factors in the client’s situation may trigger a need to consider ADR—both collaborative law and mediation—as the primary process of resolution: • The existence of an ongoing relationship or goodwill that the client would like to preserve in some fashion. In family law, this may take the form of ongoing parenting relationships or extended family circles. In civil law, it might manifest in vendor/purchaser, contractor/subcontractor/client, employer/employee, business partners, franchise relationships, medical provider/patient, etc. Remember, it is
generally not a good business model to sue a client! • The need for more flexibility or creativity in problem solving than litigation can offer. For example, judges can enforce or void a contract but cannot rewrite it. • The desire to control the financial cost of the legal process or to avoid the intangible or personal costs of litigation. • The need for privacy. The ethical lawyer will come alongside each client from the beginning of representation, to help them envision the future they desire, and then actively counsel them about alternative pathways to that future. The ethical lawyer embraces the role of Counselor as readily as that of Advocate. HN Laura Schlenker, of Schlenker Law, is Chair of the DBA Collaborative Law Section and can be reached at laura@ schlenkerlaw.com.
The National Institute for Trial Advocacy is the nation’s leading provider of legal advocacy skills training. Find out more at www.nita.org. Thank you for supplying the DBA Trial Academy with award-winning materials.
6 He a d n o t e s l D a l l a s B a r A s s o ciation
May 2016
DBA Athletic Director
Ultra-Endurance Activities BY KENNETH G. RAGGIO
There are sports. There are endurance sports. Then, there are ultra-endurance sports–even quests. Mike Lynn, 65+, a trial attorney with Lynn Pinker Cox Hurst, and Weldon Moore, 55+, a bankruptcy attorney with Sussman & Moore, demonstrate the hours and determination involved in such pursuits.
On the Trail
Mike Lynn played club soccer throughout his educational days, turning more to swimming, jogging, and yoga as he matured as a lawyer. But from his undergraduate days at the University of Virginia, he was very well aware of the Appalachian Trail and had even tackled some shorter day hikes on it. To hike the entire Trail became a quest or, shall we say, a “bucket list” item for him. He started reading about the Trail, participating in blogs, and doing the detailed preparation that we know as lawyers is essential for a trial. Shortly after ending a trial with a multimillion dollar verdict in his client’s favor, then having knee replacement surgery, Lynn finally set out on the Appalachian Trail. He found that his extensive physical and mental preparation was helpful for many reasons—for instance, he never once got blisters on his feet, and he had enough communications equipment in his 36-pound pack to keep in touch and also to post on his blog (TinmanonAP.blogspot.com). In addition to explaining the preparation and actual
hike, Lynn’s blog continues with his view from afar of his trek and his post-trek life. (Spoiler alert: While not injured while hiking on the Trail, he was not so fortunate back in Big D.) With some time off here and there, this journey was a three-month endeavor with Lynn covering some 700 miles on the Trail. He completed his final day on the Trail on July 27. He came home with a fresh appreciation of many things. Mike Lynn For example, he still looks at items to buy (or to eat) as to whether it would be worth carrying that item in his pack. He also remembers the realization/experience that even the best raingear can only keep you “dry” for a couple hours and that being “wet and warm” when you know there is a hut coming up was probably the best compromise. He still keeps in touch with people that he met on the trail.
mile century bike rides and an Ironman 70.3 Triathlon, and just this spring, he competed in the Rocky Raccoon 50-mile ultramarathon in the Huntsville area. That certainly qualifies as ultra-endurance activity! As he got more into running, Moore joined a group out of RunOn, the running store on Mockingbird. Over time his “buds” have evolved into a six-person group that runs regularly Weldon Moore and participates in events such as the Rocky Raccoon, half marathons, triathlons, and marathons. His
It’s a Marathon, Not a Sprint
Weldon Moore was a competitive cyclist back in high school during the 70s. Later, as a young lawyer and parent, he missed the regularity of working out, only to rediscover running in the past decade or so. He has done over a dozen marathons, approximately the same number of 100-
Thursday, May 12, 8:30 a.m. to 5:00 p.m. at Belo MCLE 7.00 (Ethics 3.00) For rates and registration information, log on to www.dallasbar.org. Presented by the DBA Juvenile Justice Committee
Top 100 Attorneys in Texas Top 50 Women Attorneys in Texas (Thomson Reuters 2014-15) Board Certified in Family Law (Texas Board of Legal Specialization )
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running group has become like family to him. Moore works out each morning before heading to the office. Whether it is a quick work out at the gym or a long run, he views this as part of his normal morning routine, just like brushing your teeth or taking a shower—not only necessary, but also something that makes you feel good. In other words, he got the memo as described in Chapter 4 of Younger Next Year that says exercising 6 days a week for the rest of your life is your new job. Both Lynn and Moore are very proud of their accomplishments and plan to continue to stay fit, active and healthy in the future. We salute their perseverance and endurance as examples of maintaining fitHN ness as we age.
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D al l as Bar A ssoci ati on l Headnotes 7
Paul Roessner
Adam Villanueva
is pleased to congratulate Paul Roessner & Adam Villanueva on being selected for inclusion in the May 2016 edition of D Magazine’s “Best Lawyers in Dallas” list for their respective areas of practice of General Corporate Law and Intellectual Property. They were nominated by their peers in the Dallas area, and ultimately evaluated and selected for the final list by an anonymous panel of respected attorneys along with the magazine editors. Mr. Roessner and Mr. Villanueva manage the Transactional Law department at Fears Nachawati Law Firm, where their focus is on helping businesses and individuals protect themselves and achieve their business related goals, whether a sole proprietor of a local shop or a nationwide corporation.
4925 Greenville Ave., Suite 715 Dallas, TX 75206 866.705.7584 www.fnlawfirm.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
May 2016
The Dallas Hispanic Law Foundation
Amanecer Luncheon
YA S M I N E B O U G A C H A Dallas Symphony Orchestra Young Strings HEA RT OF NEIM AN M A RCUS FOUNDATION FUND a t CO M M U N I T I E S F O U N DAT I O N o f T E X A S
Keynote Speaker: Hon. Sara Martinez Tucker Former Under Secretary, U.S. Department of Education and Former CEO & President of the Hispanic Scholarship Fund
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M ay 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 9
ADR/Collaborative Law
Collaborative Law for In-House Counsel BY WESLEY E. SCHLENKER AND LAWRENCE R. MAXWELL, JR.
Wes (in-house counsel): Bullet-point it for me. What are the main tools from the collaborative law process that I can employ? Larry (collaborative law practitioner): • The process is voluntary and discussions are confidential. • All relevant information is promptly and voluntarily disclosed. • Goals and concerns are openly shared, then options are developed. • If an expert witness or professional is necessary, a single one is agreed upon. • If the matter proceeds to litigation, attorneys agree to withdraw. Wes: In-house attorneys often use these tools without realizing they are doing “collaborative law.” In construction disputes, I have approached the other side and asked them if we could save costs and hire one expert who would tell us whether the concrete was bad, or whether the extra cost of completing the railroad bridge was necessary. In one situation, the other side backed down after reading the collaborative expert report; and in the other, the expert report helped me persuade my executives to fund the disputed costs before litigation ensued. In another dispute with a customer who claimed $3mm of damage from bad construction materials, we agreed to voluntarily provide all relevant information. We felt naked and exposed as we handed over a notebook showing that their damages were likely due to contamination in our bulk material. But, their in-house counsel was so impressed with our promptness and frankness that he worked out a cash-free settlement requiring his company to greatly expand the product lines it purchased from our company, at a large discount. The cus-
tomer remained loyal long after the discount was discontinued, more than offsetting the cost of settlement. Larry: Which collaborative tool do you think will bring the greatest cost savings to a company? Wes: The biggest cost in most business litigation is discovery, especially electronic discovery. Mediation does not effectively reduce this cost, because most mediation occurs after the key discovery is complete. Voluntary discovery is much less expensive, and the costs can be shared. Larry: You mentioned two collaborative tools you have used, expert-sharing and voluntary discovery. Have you been able to attach privilege to your collaborative discussions? Wes: Sometimes, we sign a document that says our discussions will not be used in litigation and constitute an “offer in settlement,” and are therefore privileged and confidential. If you involve a mediator, you can attach a mediation privilege to the proceeding. But these privileges do not always fit the “collaborative law” situation. Is there a better way to be sure that privilege attaches? Larry: Currently, in Texas there is no collaborative law statute that applies to civil disputes outside of family law. However, collaborative lawyers are adapting procedures to expand the process beyond family law. The Uniform Collaborative Law Act (UCLA), which has been enacted in 13 jurisdictions, creates a statutory privilege and confidentiality for discussions in the process. The UCLA will be introduced in the 2017 Session of the Texas Legislature. What about attorneys who agree to withdraw if the matter is not settled? Would
you see value in that from an in-house perspective?
house attorneys begin to put this bedrock principle in place?
Wes: All litigation attorneys face a conflict of interest, one which is generally ignored in discussions of attorney ethics. Litigators make less money if a dispute is settled extremely early in the dispute process. We generally trust our own litigation counsel to refrain from encouraging litigation that would enrich only themselves. But we distrust the other party’s litigation attorney, believing that he will try to torpedo a settlement in order to maximize his income. Because we distrust the other attorney, we are afraid to engage in voluntary disclosure, believing that he will take the free discovery and then litigate anyway. If we know the other attorney must withdraw if the matter does not settle, both sides are much more trusting and willing to take risks in order to achieve a settlement. This concept appears to be the bedrock of collaborative law success. How can in-
Larry: By understanding that the withdrawal provision discourages lawyers who would attempt to take advantage of discovery. It also allows lawyers to focus 100 percent of their skills on resolution, and provides a safe environment for parties to share information knowing that the other lawyers will never be able to cross-examine them in an adversarial proceeding. The collaborative process is not for every attorney, company, or individual person having a dispute. All parties must accept responsibility for their part in the dispute and agree to move forward honestly and in good faith. HN Larry Maxwell is a collaborative lawyer, co-founder and a past chair of the DBA Collaborative Law and ADR Sections. He may be reached at lmaxwell@adr-attorney.com. Wes Schlenker is an experienced General Counsel involving the high-tech and construction materials industries. He may be reached at wes@schlenkerlaw.com.
Annual Evening Ethics Fest Thursday, May 5, at the Belo Mansion Check-In and Dinner begins at 4:45 p.m. Program begins at 5:30 p.m. (3.00 Ethics) DBA members: $65 early registration | $95 late registration Non-members: $135 early registration | $155 late registration To register, log on to www.dallasbar.org. For more information contact Alicia Hernandez at (214) 220-7499 or ahernandez@dallasbar.org. Sponsored by the DBA Legal Ethics Committee
10 H e a d n o t e s l D a l l a s B a r A s s ociation
May 2016
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M ay 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 11
ADR/Collaborative Law
Expanding Collaborative Law Beyond Family Disputes BY SHERRIE R. ABNEY
Collaborative law first found success in family disputes; however, it is now being applied in probate, medical error, employment, construction, insurance, GLBT, and business cases. The collaborative process relies on teamwork, honesty, voluntary disclosure, and developing constructive options. The entire process is designed to achieve one goal—to quickly settle the dispute and satisfy each party as much as possible. This does not mean there are no compromises, but it does mean that the parties have enough facts to eliminate the guesswork found in positional bargaining. Once the collaborative process has been agreed upon and clients have given their informed consent, the parties and their collaboratively trained lawyers sign a participation agreement (contract) that sets out guidelines to be followed during the process. There must be a commitment by the parties to accept responsibility for their involvement in the dispute, and a commitment by all participants to go forward honestly and in good faith. Collaborative lawyers do not take advantage of the other side’s mistakes; nor do they attempt to withhold relevant information. The resolution of disputes takes place in a series of confidential face-to-face meetings of the parties and their lawyers. An agenda is employed that allows participants to prepare for each meeting and avoid surprises. The first step of the process is to determine the interests and goals of all parties. Each party has an opportunity to state what he or she wants and “why” that party wants it. Participants hear the goals and interests of the other parties firsthand instead of having information channeled through their lawyers. This saves time and eliminates misunderstandings. After the parties have stated the basis of their concerns, participants have a much better idea regarding the information that must be collected to intelligently approach resolution of the dispute. The second step of the process is the
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task of actually gathering the necessary information. Parties agree to only request information that is relevant to resolution of the issues. “Relevant” is defined as the knowledge necessary for each party to reach an informed agreement. Some disputes require expert opinions. In those instances, the parties may employ a single expert. Use of a single expert provides an “objective” opinion, reduces costs, and eliminates the expense of trying to qualify, disqualify, and/or depose the other parties’ expert. The third step involves brainstorming. Participants try to think of as many options for the resolution of each issue as possible. Brainstorming will lead to out-of-the-box thinking, which results in opportunities for formulating creative alternatives. Once the parties have developed a comprehensive list of options, they evaluate each one and discard any that are unrealistic, inappropriate, or unnecessarily burdensome.
The final step of the collaborative process is to negotiate resolution. By following the steps in the process, the parties and their counsel have systematically worked through the elements of the dispute and explored solutions that might never have been considered in other ADR procedures. If parties do not settle in the collaborative process, their attorneys must withdraw. Collaborative lawyers cannot represent clients in an adversarial proceeding related to the subject matter of the parties’ dispute. However, this provision does not disqualify the lawyers from representing the same clients in any matters unrelated to the current disagreement. The mandatory withdrawal provision is important for three reasons: First, all participants are able to focus 100 percent of their time and skills on working toward resolution. Second, the participants know they must retain new lawyers if they do not settle, so parties
who are not serious about settling are eliminated. Finally, in order to have open and honest discussions, all parties must be comfortable with the process. If the parties know that the other lawyers can never cross-examine them in an adversarial proceeding, they are more apt to feel free to honestly participate and exchange information. In the collaborative process, parties are in control of all decisions that relate to the resolution of their disputes. They are not dependent on the law or third party neutrals to determine the outcome. Some clients may be less interested in a money judgment and more interested in an apology or having a change in the design of a product that has caused serious injuries. These are options that courts do not have the power to order, but collaborative parties have the power to agree to them and HN settle. Sherrie R. Abney is a sole practitioner in Carrollton and may be reached at sherrie.abney@att.net.
12 H e a d n o t e s l D a l l a s B a r A s s ociation
May 2016
EXECUTIVE DIRECTOR DALLAS BAR ASSOCIATION The Dallas Bar Association (DBA) is now accepting applications for the position of Executive Director to succeed Cathy Maher who is retiring at the end of 2016 after 38 years of exemplary service to the DBA. The DBA is a voluntary membership organization with over 11,000 attorney members and its headquarters are located in the Belo Mansion. The Executive Director is the chief operating officer and managing executive of the DBA. The Executive Director reports to the DBA Board of Directors, President and Executive Committee. The Executive Director supervises a staff of 24 employees and oversees combined budgets of $4.3 million. The Executive Director is responsible for implementing policies, strategies, and programs approved by the Board, and all priorities and goals that the President sets for the Executive Director and staff. The Executive Director works to maintain the rich history and tradition of the DBA. The Executive Director oversees the finances of the DBA and the DBA Community Service Fund, all fundraising activities and overall management of the Belo Mansion, Pavilion, grounds and parking garage. The Executive Director is also responsible for overseeing all activities and operations of the Dallas Bar Association Community Service Fund, a non-profit 501 (c) 3 pro bono organization which is governed by a separate Board of Directors. The successful candidate must have at least 10 years’ professional experience, preferably in the non-profit or law-related sector, outstanding academic credentials with a minimum of a college degree, a very strong work ethic, exceptional interpersonal and communication skills, the ability to build and maintain relationships within a diverse community, strong written and oral skills and proven leadership skills in hiring and managing staff. The complete job description and information about the DBA can be found at www.dallasbar.org. The Search Committee is chaired by former DBA Board member, Kim J. Askew of K&L Gates LLP. Please direct inquires, statements of interest, and resumes/CVs by May 1, 2016 to: Kim J. Askew K&L Gates LLP 1717 Main Street, Suite 2800 Dallas, Texas 75201 (214) 939-5500 kim.askew@klgates.com The Dallas Bar Association is an Equal Opportunity Employer
NO PARKING AT BELO
The Dallas Volunteer Attorney Program presents:
Parking at Belo is only allowed if members have business in the Belo Mansion. Due to the high demand of our parking garage for breakfasts and noon hour programs we ask that you not use the Belo garage and walk to adjacent offices.
Practice Tips in the JP Court,” with speaker Amir Befroui Thursday, May 5, Noon at Belo. MCLE 1.00 To register, contact vallejod@lanwt.org.
Thank you for your cooperation.
DVAP’s Finest Jim Rea
Jim Rea is an associate attorney at McGuire, Craddock & Strother, PC, where his practice includes commercial litigation and a broad range of bankruptcy matters. Jim routinely represents debtors, creditors, and Chapter 7 Trustees in bankruptcy proceedings throughout the United States. Jim’s work for DVAP includes handling individual cases, speaking at DVAP-sponsored CLE events, and fundraising. Jim recently filed a Chapter 7 bankruptcy for a DVAP client who is on track to obtain a discharge. In addition, Jim has helped DVAP register dozens of attorneys to represent DVAP’s client base as an instructor for DVAP’s annual Chapter 7 CLE. He has also helped raise thousands of dollars for DVAP over the years as a key person for the DFW Association of Young Bankruptcy Lawyers’ (DAYBL) Casino Night fundraiser which benefits DVAP. In addition, as a member of the John C. Ford Inn of Court’s Bankruptcy Pro Bono Project, Jim helped develop a procedure to initiate DVAP referrals and place experienced bankruptcy attorneys with DVAP clients in certain types of discharge litigation. This referral procedure was incorporated into Northern District of Texas Bankruptcy Court General Order 2015-01. Jim is committed to supporting DVAP because he believes that attorneys are obligated to help ensure equal access to justice for all. Jim currently serves as an advisor to DAYBL’s Pro Bono Service Committee. Thank you for all you do, Jim!
Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.
Guardian Ad Litems & Attorney Ad Litems Certification Course Speakers: Hon. Brenda Hull Thompson and other probate practitioners Tuesday, May 24, 1:15-5:15 p.m., Belo. MCLE 4.00, Ethics1.00 Immediately following the Probate, Trusts & Estates CLE To register, contact reed-brownc@lanwt.org. All CLEs are free to those volunteering to take a DVAP case.
Habitat House $80,000 $60,000 $40,000 $30,000 $20,000 $10,000 $5,000
Support the DBA Home Project Help us reach our goal of $80,000 to build our 25th house for Habitat for Humanity. For more information, log on to www.facebook.com/DBAHomeProject or contact Co-Chairs David Fisk (dfisk@krcl.com) or Ethan Minshull (eminshull@wickphillips.com). Make checks payable to Dallas Area Habitat for Humanity and mail donations: c/o Yedenia Hinojos, Dallas Bar Association, 2101 Ross Avenue, Dallas, TX 75201
M ay 2 0 1 6
D al l as Bar A ssoci ati on l Headnotes 13
TEXAS CHAPTER The The Academy Academy is is pleased pleased to to recognize recognize our our Dallas Dallas Metro-Area Metro-Area Members Members for for
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14 H e a d n o t e s l D a l l a s B a r As s ociation
May 2016
CLEs, Awards & Judges! Oh My! If you haven’t been to the Belo lately, you’ve missed some excellent CLE programs, member recognition, and chances to mingle with judges. Don’t miss any more! Find your next event online at www.dallasbar.org.
Members “Got to Know Their Magistrate” judges at a Judiciary Committee CLE with (left to right) Hon. David Horan; Hon. Paul Stickney; Danny Tobey, moderator; and Hon. Christine Nowak.
(Left to right) Alyson Blatney, Bill Gardner, Laura Benitez Geisler, and Mey Ly presented “Building Your Professional Network,” hosted by the DBA Transition to Law Practice Program.
In March, the Dallas Bar Foundation presented Mark Shank (left), of Gruber Elrod Johansen Hail Shank LLP, with the Fellows Justinian Award. Mr. Shank is pictured with Mike Gruber (right).
Robert Hyer Thomas, (left) former President of the Dallas Bar Association, and his wife, Dr. Gail Thomas, received the 2016 Oak Cliff Lions Club Bill Melton Humanitarian Award.
Cathy Maher (center) received the Dallas Minority Attorney Program’s Legacy Award for Outstanding Commitment to diversity efforts of the DBA. Ms. Maher is pictured with Michele Wong Krause (left) and Rhonda Hunter, Co-Chairs of the Dallas Minority Attorney Program.
Christie Merchant participated in Dallas ISD’s Career Day as part of the DBA’s Law Day Committee events.
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M ay 2 0 1 6
D al l as Bar A ssoci ati on l Headnotes 15
16 H e a d n o t e s l D a l l a s B a r As s ociation
May 2016
LAW DAY 2016
Michelle Perez Negron, R.C. Burleson Elementary First-Place Winner—Dallas | Third-Place Winner—State of Texas
Miranda: More Than Words
Each year, the American Bar Association sponsors Law Day, and regional bar associations, including the Dallas Bar Association, host various events, programs, and contests to commemorate the chosen theme. Law Day not only educates students and citizens about our government, but also the legal system itself. One of its main goals is to focus students’ attention on important constitutional principles. As part of the DBA’s Law Day celebration, the association sponsors essay, art, and photography competitions for Dallas ISD students in grades K-12. Here are some of this year’s winning entries, which depicted the Law Day theme of “Miranda: More Than Words.”
Ester Marroquin, H. Grady Spruce High School First-Place Winner—Dallas | Third-Place Winner—State of Texas
Valerie Delarosa, Obadiah Knight Elementary First-Place Winner—Dallas | First Place Winner—State of Texas
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Networking Series Part II: Building Your Brand Through Speaking & Writing
Build your reputation, showoff your expertise, and develop yourself as a trusted resource through local and statewide speaking and writing opportunities. A how-to CLE with writing & presentation tips that will help you develop your oral and written presentation skills and expand your network. SBOT representatives discuss how to get involved.
Wednesday, June 1, 2016, Noon, at Belo RSVP to ahernandez@dallasbar.org. MCLE 1.00 (Pending)
Sponsored by DBA Minority Participation Committee
SIGN UP FOR THE 2016 DBA 100 CLUB! What is the DBA 100 Club? The Dallas Bar Association 100 Club is a special membership recognition category given to firms, agencies, law schools and organizations that have 100% membership in the Dallas Bar Association. What is the cost to join the DBA 100 Club? It’s FREE! How do you join? Firms, government agencies, and law schools with two or more lawyers as well as corporate legal departments may qualify for the DBA 100 Club if all attorneys are a member of the Dallas Bar Association. To join the 2016 DBA 100 Club, please submit a list of all lawyers in your Dallas office to Kim Watson, kwatson@dallasbar.org. We will verify your list with our membership records and once approved, your firm will be added to the 2016 DBA 100 Club membership list! What are the perks? Our 2016 DBA 100 Club members will be recognized in Headnotes, the 2017 DBA Pictorial Directory and receive a Certificate of Appreciation as well as recognition at our Annual Meeting in November.
JOIN TODAY!
M ay 2 0 1 6
Focus
D al l as Bar A ssoci ati on l Headnotes 17
ADR/Collaborative Law
Mediating with Millennials BY HUGH HACKNEY
No mediator would intentionally ignore the young lawyer who is most familiar with a particular case, or choose to remain willfully ignorant of technology that attorneys can use to help resolve a dispute. But many mediators commit both these and other mistakes when mediating cases involving young attorneys. Following is an attempt to highlight common missteps that mediators—or any other seasoned legal professional— should avoid when mediating with young attorneys and actions they can take to make sure they remain relevant with the next generation of lawyers. Many articles have been published about the “Millennial” generation (born in 1981 or after) of trial lawyers, their expectations personally, professionally, and monetarily, and the impact they are having on the rapidly changing legal landscape. For seasoned mediators, many new issues arise when these lawyers are involved in the process, even before the session begins. Millennial attorneys are often cast as needing constant feedback and communication to thrive, a trait that older generations frequently view negatively. For the mediator, this is an opportunity. Communication before the mediation about the facts of the case, client issues, previous settlement discussions, and decision makers attending the session can make the mediation more productive. More attorneys are demanding such communication, and some mediators are missing an opportunity by
not providing it. Often, the young attorney has spent many hours working on the matter, including numerous tasks that may have been performed prior to arriving at the mediation, such as preparing pleadings, drafting and responding to extensive discovery, preparing deposition and trial notebooks, drafting motions for summary judgment and responses, and taking depositions. They may well have more knowledge of the facts, the law, and the evidence than their veteran counterparts. Yet they are often ignored or talked down to by the mediator who is used to dealing with more experienced lawyers. Many experienced, wellqualified mediators are unaware of how their own actions—subtle as they may be—impact the process and the younger attorneys involved. This not only hinders the candor between the mediator and the young attorney, but it can harm the mediator’s reputation in the legal community when that attorney shares feedback with colleagues. If a mediator instead makes an effort to demonstrate appreciation for all the hard work young attorneys have performed to prepare the case to the point of mediation, it will signal the mediator’s awareness of their important role in the litigation. Additionally, it will give the attorneys a chance to shine in front of their more senior colleagues, which not only helps their careers, but also helps build trust and respect between the attorneys and with the mediator. Another strength that mediators may want to focus on is the hands-on famil-
iarity that many young attorneys have with technology at issue in a dispute. They are also generally more comfortable working with technology used in the mediation session—Skype, document-sharing programs, social media used as evidence, or other legal industry apps. Ignoring their input is a mistake. Because these lawyers are typically familiar with technology, they may know more about certain aspects of the case than anyone in the room other than the client, and an acknowledgement of that fact will go a long way to breaking the initial resistance to a mediator’s comments, thoughts and ideas. Millennial attorneys’ familiarity with technology has implications outside the mediation session as well. Their comfort using social media to build professional relationships means that if a mediator does not have a strong presence online, he or she may be missing key interactions with younger attorneys. Mediators
today are being vetted as never before by attorney or search engines, social media, blogs, and email exchanges. In the end, simple courtesy and recognition for all the work performed to get to and present the mediation will help bridge the gap between generations. A good mediator will remember that the young lawyer generally knows more about the facts, more about the discovery, more about the technology at issue, and more about the minute weaknesses in their client’s case than anyone. Thus, their inclusion is vital to obtaining a final resolution of any matter. An appreciation of these qualities and the acknowledgement of a young trial lawyer’s importance will go a long way toward resolving the mediation at hand and developing a positive potential for future successful settlements. HN Hugh Hackney is a neutral with JAMS in Dallas. He can be reached at hhackney@jamsadr.com.
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18 H e a d n o t e s l D a l l a s B a r A s s ociation
In the News
May
KUDOS
Stephen Long, Mackenzie Martin and Justin Welch, of Baker & McKenzie LLP, have been promoted to Partner.
Singleton, of Gardere Wynne Sewell LLP have been promoted to Partner.
ON THE MOVE
Leane K. Capps, of Polsinelli, has been named a Senior Fellow of the Litigation Counsel of America.
Amelia Coates and Jaime DeWees have joined Kane Russell Coleman & Logan PC as Associates.
Sonja J. McGill, of Bell Nunnally & Martin LLP, has joined the 2016 Fellows Program class for the Leadership Council on Legal Diversity.
James Lowery has joined Gordon Rees Scully Mansukhani, LLP as Partner.
Colin P. Cahoon, of Carstens & Cahoon LLP, has been elected to membership in the Fellows of the Texas Bar Foundation.
Byron Henry has joined Scheef & Stone, L.L.P. as Partner.
Roy Hardin, of Locke Lord LLP, has become a Fellow of the American College of Trial Lawyers. David L. Campbell, of Underwood Perkins, P.C., has become a director. John H. Barr, of Burt Barr and Associates, LLP, was honored by St. Mary’s University School of Law, with a portrait on the wall of recognized Alumni in the Sarita Kenedy East Law Library. Omar Alaniz, of Baker Botts LLP, Liz Boydston and Tim Springer, of Norton Rose Fulbright US LLP, coached SMU students to a successful national title defense at the 24th Annual Conrad Duberstein National Bankruptcy Moot Court Competition in New York, N.Y. Stephanie K. Gause, of Frost Brown Todd has been elected to membership in the Fellows of the Texas Bar Foundation. Brett Moore, SMU Law Student, was presented the 2016 Donald C. McCleary Gardere Leadership Scholarship by Gardere Wynne Sewell LLP. Jessica Hammons, of Thompson & Knight LLP, has been named Hiring Partner. Chris Deskin, Rick Jordan, and Glenn T.
Dava Greenberg-Spindler has joined Kelly, Durham & Pittard, LLP as Associate.
Brandon Benson has opened the firm Benson & Siebenhausen, PLLC located at 3990 East Side Ave., Dallas, TX 75226. Gerald Conley and Elizabeth Swan have joined Shackelford, Bowen, McKinley & Norton, LLP, as a Partner and Associate, respectively. Courtney P. Mitchell and Drew M. Slone have joined Winstead PC. John Dickey has joined Polsinelli LLP as Shareholder. Smitha Mathews has joined Griffith Bates Champion & Harper LLP as Associate. Larry “Max” Maxwell has returned to private practice at Max Maxwell Law Practice, PC while continuing to serve as general counsel for the Texas Hospitals of the Adventist Health System. Steven Schulte and Hutton W. Sentell have joined Simon Greenstone Panatier Bartlett, PC as Associates. Michael Thimmig has joined Alston & Bird LLP as Partner. 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
May 2016
The Mediator’s Prayer—A Practical Guide to Successful Mediation continued from page 1 During the process, listening for the casual comment that may open the door to a successful result just takes time. Prayer 4A – Please explain this “dance” to your clients. As lawyers and mediators, we all know initial demands by the plaintiffs are much higher than the value of a claim, and initial offers by the defendants are much lower than the value of a claim. This is the so-called “dance.” If a client is not prepared for this process, he or she may become discouraged and decide to quit dancing. Both when we are mediating and when we are being mediated upon, we explain the first few rounds will involve substantive discussion of liability and damage facts. After that, clients will feel like they are purchasing a used car. Encourage clients to be optimistic for as long as offers and demands and proposals are going back and forth, there is always hope for resolution. Prayer 5 – Please understand and recognize the good, the bad, and the ugly of your client’s claim. If you are not comfortable discussing some of the negative points in the presence of your client, arrange to talk to the mediator privately. Having said that, it is usually better for you to discuss the negatives in the presence of your client. The mediator can also be of benefit to the lawyer and his client by affirming the
validity of troublesome areas or the validity of positive areas, so the client is hearing the same thing from a neutral source. Prayer 6 – Please trust the mediator. (Oh, did I say that already?) The mediator is gathering knowledge and information from all parties and their lawyers. The mediator is using the information to convince parties to change their positions. While it may seem like the mediator is advocating for an opposing party, the mediator is simply trying to move parties closer to a final resolution. Prayer 7 – Oh Lord, won’t you give each lawyer Will Pryor’s book, “A Short and Happy Guide to Mediation.” Caveat: The author is not Will Pryor’s agent, nor is he receiving royalties from the purchase of the book, but feels strongly this short 141page paperback should be read by all lawyers participating in mediation. Like it or not, mediation is here to stay. If a case is truly not one which should be submitted to mediation, let the court know in advance. Prepare yourselves and your clients for the dance. Totally and completely trust the mediator with all significant facts, whether they be confidential or not, and be completely honest with the mediator in HN regard to your goals. Al Ellis is past president of the DBA and is Of Counsel at Sommerman, McCaffity & Quesada, L.L.P. He can be reached at al@textrial.com.
Professionalism Tip I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled. Excerpt from the Texas Lawyers Creed Find the complete Creed online at http://txbf.org/texas-lawyers-creed/.
M ay 2 0 1 6
Classifieds
D al l as Bar A ssoci ati on l Headnotes 19
May
EXPERT WITNESS
Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to, energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability, construction and construction. HSNO has 17 U.S. offices and offices in London and Mexico. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or HSNO.com. Mexican Law Expert – Attorney, former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues: FNC motions, Mexican claims/defenses, personal injury, moral damages, contract law, corporations. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez, (210) 222-9494. dlopez@pulmanlaw.com Economic Damages Experts – Thomas Roney has more than twenty five years’ experience providing economic consulting services, expert reports and expert testimony in court, deposition and arbitration. His firm specializes in the calculation of economic damages in personal injury, wrongful death, employment, commercial litigation, IP, business valuation, credit damage and divorce matters. Mr. Roney and his experienced team of economic, accounting and finance experts can help you with a variety of litigation services. Thomas Roney LLC serves attorneys across Texas with offices in Dallas, Fort Worth and Houston. Contact Thomas Roney in Dallas/Fort Worth (214) 665-9458 or Houston (713) 513-7113. troney@thomasroneyllc.com. “We Count.”
OFFICE SPACE
Park Cities/Preston Center/Toll Road – Spacious window office with adjoining conference room or secretarial space in recently built office suite. Amenities include additional large conference room, receptionist, fax, high speed color scanner/ copier/printer, parking garage, Internet– wired and Wi-Fi. Email rick@tubblawfirm. com or call (214) 965-8535. Office with secretarial area available at 4054 McKinney Avenue. Shared conference room, break room, copier, fax, DSL & phone equipment are available if needed. No long term commitment and a monthly rate of $850.00 for the furnished or unfurnished large office and $300.00 for the furnished secretarial office. Call (214) 520-0600
Turtle Creek Blvd-Upscale law firm has class A office space available with highend decor. Located at 3811 Turtle Creek, high floor, Office is 240 sq. ft., and rents for $1600.00 a month. Garage Parking, gym, and access to conference room available. Please inquire to Heather at hwoodard@ baronandblue.com. Executive Suites, Subleases, Home Offices & Coffee Shops are No Place for a Lawyer! Attorneys need a Professional & Secure place to work, meet clients, and network. VENUE is an All-Inclusive “working clubhouse” built By Attorneys, For Attorneys. In addition to fully-furnished, private window offices, VENUE offers virtual offices, dedicated workspaces and attorney co-working space at a prestigious downtown Dallas address. VENUE also provides secure mail/parcel handling, guest reception, conference rooms, phone booths, event space, as well as a full coffee bar and media lounge. Plus, VENUE members have access to 30+ hours CLE & management/ development training annually, exclusive networking & social events, discounts from vetted service providers, and membership to an elite network of 100+ local partnerlevel peers. VENUE is the “Practice of Law Made Perfect.” For info or to schedule a tour: www.attorneyvenue.com. Walnut Glen Tower (Walnut Hill/Central). Great Deal! Terrific offices in Class A building near NorthPark with views of downtown over lake with fountains. Convenient access to DART station. Prized, central location wherever you need to go in the Metroplex. Do business in a relaxed yet professional environment which includes administrative stations, conference room, kitchen, copier, phones, reserved garage parking, on-site restaurant and other amenities. A larger executive office and/ or smaller offices/flex space for as little as $500/month. Why not have a professional location for your business and quality of life at work? Please call (214) 373-0404 for details. Uptown Dallas. 1200 square foot four office suite with conference room and reception area in well maintained small office building one block from Crescent with high ceilings, wood floors, large windows and other amenities. Contact Owner @ (214) 855-0127 or jackcirwin@earthlink.net. Uptown Law Firm – Office Sharing. Uptown law firm in great location and building looking for attorney to office share. Will provide overflow work, access to conference room, kitchen and break area. If interested, email resume and brief cover letter. Please contact us via email at snh@charleskaplanlaw.com. Uptown – Lemmon & Carlisle. Transactional law firm of 5 attorneys in Uptown
COMMUNITY VOLUNTEER OPPORTUNITIES FOR LAWYERS Q
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Volunteer to build a Habitat House, contact al@textrial.com, dfisk@krcl.com or eminshull@wickphillips.com. Participate in mentor2.0, contact whall@bbbstx.org. Tutor a Child Confined to the Henry Wade Juvenile Justice Center, contact ahernandez@dallasbar.org. Volunteer to help at a Dallas Volunteer Attorney Program free legal clinic, contact reed-brownc@lanwt.org. Mentor a Child Impacted by Incarceration, contact Wendell Hall at whall@bbbstx.org. Speak to a Community or Civic Group on a Law-Related Topic, contact mjohnson@dallasbar.org.
(Lemmon & Carlisle) has 4 extra window offices for sublease to one or more attorneys. Preference is for real estate, corporate, tax or estate planning practices. Rent is negotiable, depending on tenant needs. This beautiful space includes several furnished offices (as needed), underground parking, 2 conference rooms, lobby and kitchen. To apply please reply to koons@ koonsrealestatelaw.com. Addison A/V Rated law firm with great location at Belt Line and Dallas North Tollway has two, adjacent offices and secretary bay for lease. One office is partner-size, and one is partner/associate size. Offices come with telephone service and receptionist, use of conference rooms and kitchen area, work/copy room, some additional storage, covered parking and Wi-Fi. Kelly@crb-law.com. North Dallas/Farmers Branch – Law firm has several offices for lease. $400/month. Includes use of furniture, Internet, fax, parking, conference rooms, and kitchen. Convenient location. No lease required. Please contact Ilene Smoger at 972-2435297 or ilene@texasinjurylaw.com. Tollway/Keller Springs. Luxury Executive Office Sublease – Large furnished office w/floor to ceiling windows. Share reception/kitchen. Amenities: Large desk; Conference Table; Internet; VOIP Phone w/private number; Voice Mail to Email; 24/7 access. $1,500/mo. Contact Chris at cape74d@gmail.com. Uptown Dallas Premium Offices. Parkat-the-front-door 2 story town office in Uptown on Oak Grove Ave. Very ample parking. 3000, 4743 or 7743 feet available. 4743 space available for near immediate use. 3000 space fit out as lessee requires. Ms. Harris at 214-880-7507.
POSITIONS AVAILABLE
KMDA is a small boutique construction litigation firm located in Lewisville. We have an opening for an attorney position. The attorney needs to have deposition, hearing and first chair trial experience. Attorney will be handling the litigation matters and must work independently. This is a partnership track position. Some portable book of business would be helpful. Position is full-time on a base plus percentage pay scale commensurate with litigation and construction experience and ability to be self-sufficient and bring in additional business. 5+ years construction litigation experience is preferred. Submit resume and cover letter via email at kelly@kmdalegal.com only. Attorney/Investigator position for Texas State Board of Public Accountancy. Experience in administrative law and licensed as a CPA with experience in audits, reviews and compilations would be an advantage. Salary range $76,356 - $89,551 per year commensurate with experience and licensure. Complete a State of Texas application for employment form and fax to (512) 305-7875 or mail to Personnel
Division, Texas State Board of Public Accountancy at www.tsbpa.texas.gov An Established 15 Attorney Civil Firm. Palmer & Manuel, LLP, seeks to add one or two experienced attorneys with portable business. Our formula based compensation system allows attorneys to keep a substantial portion of their earned fees. For a confidential discussion about your practice and our firm, please contact Steve Palmer at (214) 265-1951 or email spalmer@ pamlaw.com. www.pamlaw.com Boutique construction law firm seeks experienced civil litigator with trial experience. Strong writing skills required. Compensation negotiable. Send cover letter and resume in confidence to oaklawnfirm@aol.com. Legal Aid of NorthWest Texas (“LANWT”) currently has various openings throughout its firm at various locations. We are a Section 501(c)(3) nonprofit Texas Corporation. LANWT provides free civil legal services to eligible low-income residents in 114 Texas Counties. If you are interested in joining a great team that offers you the opportunity to rapidly develop litigation skills in court, a generous health benefits package, and the ability to be of service to others, we encourage you to visit LANWT’s career site at www.lanwt.org.
SERVICES Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. Trial Preparation Stress Relief: Licensed litigation attorney (20 years) available for hourly projects: court appearances, trial preparation, drafting pleadings/discovery/ motions, attending depositions, mediations. Large firm and complex litigation experience, first and second chair trials and arbitrations, law review. (972) 665-9834. Energy Acquisition(s): I buy any size royalty(ies), mineral(s) , working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@ prodigy.net or call Brenda at 1-800-7609890 or (214) 720-9890 for a friendly and quick analysis and response. Credentialed Forensic Genealogist & Attorney – hire an experienced attorney and credentialed forensic genealogist to ethically find next of kin and missing heirs for intestacy, probate, guardianship, property issues, and more. Reasonable hourly rate. See www.ProfessionalAncestryResearch.com. Wanda Smith, (972) 836-9091. To place an affordable classified ad here, contact Judi Smalling at (214) 220-7452 or email jsmalling@dallasbar.org.
Need Help? You’re Not Alone. Texas Lawyers’ Assistance Program…………...(800) 343-8527 Alcoholics Anonymous…………………………...(214) 887-6699 Narcotics Anonymous…………………………….(972) 699-9306 Al Anon…………………………………………..…..(214) 363-0461 Mental Health Assoc…………………………….…(214) 828-4192 Crisis Hotline………………………………………..1-800-SUICIDE Suicide Crisis Ctr SMU.…………………………...(214) 828-1000 Metrocare Services………………………………...(214) 743-1200 More resources available online at www.dallasbar.org/content/peer-assistance-committee
20 H e a d n o t e s l D a l l a s B a r A s s ociation
PREMARITAL AGREEMENTS
May 2016
DIVORCE
MODIFICATIONS