September 2016 Headnotes: Family Law by Jessica Smith

Dallas Bar Association

HEADNOTES

Focus Family Law

September 2016 Volume 41 Number 9

Alicia Hernandez Named Executive Director Ms. Hernandez has served the Bar for After a rigorous and comprehensive over 15 years. She has consistently shown national search, the DBA has named her service and leadership in the Bar and Alicia Hernandez as the sixth Executive understands the work and needs of lawDirector. She will succeed Cathy Maher, yers. She has a strong track record in the who after 38 years of service, will retire DBA and has been involved with almost every aspect of its programming. She has December 31, 2016. The Search Committee was chaired served as the Director of DVAP, which has by Kim Askew who said, “the Commit- grown to a $1 million program under her tee was diverse in every way, representing leadership. She also serves as the Director of the Lawyer Referral a broad spectrum of the DalService. Ms. Hernandez plans las legal community.” Other and coordinates many Commembers of the Commitmittee activities of the DBA tee included long-time DBA where she is known to many leaders, Jerry Alexander, lawyers, including the MinorRob Crain, Rhonda Hunter, ity Participation Committee, Michael K. Hurst, Laura Juvenile Justice CommitBenitez Geisler, Mark Sales, tee, Courthouse CommitVictor Corpuz, and Brad tee, Legal Ethics Committee, Weber. Several members of Morris Harrell Professionalthe Committee are active in ism Committee, Education the ABA and Metro Bar CauSymposium, and the Crimicus and have contacts with Alicia Hernandez nal Justice Committee. lawyers and bar leaders across Ms. Hernandez said, “I am honored to the state and country. In announcing the selection, Ms. have been selected to serve as the sixth Askew said, “the DBA is thrilled to be Executive Director of the DBA. The DBA entering into the next chapter in its long is nationally recognized as a premiere bar and rich history. We know that we will association in the country and I look formaintain the exceptional leadership and ward to working with the Association’s commitment that the DBA has shown leadership and its dedicated staff to conthroughout its many years of service. tinue the legacy of this Association.” Mr. Crain, who will serve as presiThrough this selection, the DBA looks forward to continuing to build its relation- dent of the Association in 2017 said, “I ships with the lawyers of Dallas and our have known Alicia for many years and I community.” continued on page 6 Staff Report

Dallas Bar Assoc

iation

Dear Fellow Dallas Are a Attorney: Thank you to all of our current Dallas Bar Ass ociation (DBA) members support! ; I appreciate your ong oing If you are not a curren t DBA member, I hope you enjoy this complim Headnotes publication entary issue of our mo and take advantage of nthly our special new memb er offer below! The following special is available to those of you who are not cur member. Newly joining rently or recently a DB members that join the A DBA online during the will receive up to 16 mo month of September nths of membership for the price of 12 month s. Join TODAY! Go to dal lasbar.org, click on the Membership tab and sele ct Join the DBA! You can see an extens ive list of our member ben efits on page 16, but a few important ones are :  FREE CLE HOUR S – The Dallas Bar Ass ociation is the 2nd larg courses in the state of est provider of CLE Texas (See Page 2 for CLE courses).  MAKING A DIFFER ENCE – Join one of our many Committees to wor who are committed to k with other lawyers providing legal servic es to the poor, volunt community, and mento eering within the ring other lawyers.  DIVERSITY – Meet, mentor, and collaborate with lawyers of all age to strengthen the fabric s and backgrounds of our diverse legal com munity.  COLLEGIALITY – Network with other law yer s specialized Section me who practice in you r field at our etings and attend CLE practice. courses that relate dire ctly to your As a DBA Member, you will be able to take adv learn, network and ma antage of these valuab ke a difference. To find le opportunities to out more about the ben member, please visit efits of being a DBA dallasbar.org, or con tact our Membership kwatson@dallasbar.org Director, Kim Watson, or (214) 220-7414. I hope you join today and look forward to seeing you soon at Belo Mansio n, DBA headquarters! And again thank you to all our current DBA me mbers for your continu ed support! Sincerely,

Jerry Alexander President Dallas Bar Association 2101 Ross Ave. ▪ Da

llas ▪ TX ▪ 75201 ▪

(214) 220-7414

Continuing the Tradition: Crain Lewis Brogdon Kicks Off 2017 EAJ Campaign By Alicia Hernandez

What do you get when you mix a future bar President, a criminal defense lawyer with over 200 jury trials, and a 25 year personal injury trial attorney? The law firm of Crain Lewis Brogdon, complete with its impressive trial, personal injury, and criminal defense practices as well as its commitment to the Dallas community and improving the lives of citizens of our state. And, with this, you get Crain Lewis Brogdon, the kick off donor to the 2017 Equal Access to Justice Campaign. With their $30,000 gift to this year’s campaign, benefitting the Dallas Volunteer Attorney Program, the firm has donated more than $130,000 to legal aid for the poor since 2004. The firm’s gift makes it possible for the Dallas Volunteer Attorney Program (DVAP) to continue to provide and enhance legal aid to the poor in Dallas, keeping the doors to the court and our overall justice system open to many more people in our community. Crain Lewis Brogdon’s commitment to access to justice is impressive and falls in line with Dallas’s longstanding and ever-growing commitment to narrowing the justice gap. Since 1982, DVAP has provided, recruited, trained, etc. pro bono lawyers to provide free legal aid to the poor in Dallas. Last year, a 15 member staff supported over 3,000 volunteers

Rob Crain, Chris Lewis, Quentin Brogdon

in their efforts to volunteer at legal clinics and advise and represent clients. Volunteers represented nearly 2,600 clients and donated over 23,600 hours in pro bono service in family (including child support, enforcement of visitation, grandparent rights, and child custody issues), consumer, housing, landlord tenant, expunctions, elder law, veterans issues, and more. In addition, the commitment of Dallas attorneys and the Dallas Bar Association (DBA) to the Equal Access to Justice

Inside 10 DBA Day of Civility & Professionalism 5 Cohabitation Agreements Can Protect Both Sides 1 9 Surrogacy Contracts and the Texas Family Code 1 5 Who’s Your…Parent? 2

Campaign is impressive. Since 1997, the DBA and Legal Aid have joined forces to raise money for the program; with Dallas lawyers donating almost $11 million. “We have always said, please give money or your time, or give both,” said Rob Crain, named partner in the law firm of Crain Lewis Brogdon, President-Elect of the DBA, and a recognized plaintiff’s attorney. “Lawyers in Dallas are doing that, and our participation is increasing annually. Dallas lawyers are leaders nationally, statewide, and locally in what we are doing with pro bono in Dallas. We have a lot to be proud of and a lot more work to do to narrow the justice gap.” The justice gap is incredible. In a country based on justice for all and access to our court system, over 25 percent of Dallas County residents live near the poverty level, and 42 percent have little chance of being able to afford an attorney. With annual poverty incomes of $30,375 for a family of four, justice is a luxury for low and moderate income families. Crain’s law partner of nearly a decade, Chris Lewis, understands the importance of access to justice through his daily work as a criminal justice attorney. “The Sixth Amendment provides for assistance of counsel in criminal defense cases, but there is no similar protection for civil matters,” said Mr. Lewis. “Without programs like DVAP, people are left to their

continued on page 10

2016 DBA COMMITTEE PREFERENCES Please take a minute to submit your committee preferences online. Submit your preferences by Friday, October 9. Please note, if you are on a 2015 Committee you must still sign up again if you wish to continue to serve on a Committee in 2016. You will not be automatically assigned to Committees. Sign up online here: https://www.surveymonkey.com/s/Committees2016.

2 He a d n o t e s l D a l l a s B a r A s s o ciation

Septem ber 2016

Calendar September Events

Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

SEPTEMBER 2-BELO Noon

“Unplugged. Why Do You Do That? A Bankruptcy Judge and the Assistant U.S. Trustee Ask Each Other Hard Questions,” Hon. Harlin Hale and Lisa Lambert. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

SEPTEMBER 16-BELO Noon

“Reviewing Our Civil Justice System,” Al Ellis, Hon. Royal Furgeson, and Hon. Kenneth Molberg. Moderated by G. Leroy Street. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

SEPTEMBER 23-NORTH DALLAS** Noon

“Annual Review of the U.S. Supreme Court’s Term,” Jason Steed. (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.

THURSDAY, SEPTEMBER 1 Noon

Mergers & Acquisitions Section “Post-Closing M&A Claims – an Analysis of the Data and Lessons Learned,” Robert Kibby. (MCLE 1.00)*

FRIDAY CLINICS

Construction Law Section “An Update on Recent Insurance Coverage Decisions And Their Impact on the Construction Industry: The Policyholders’ Perspective,” Douglas P. Skelley. (MCLE 1.00)* Co-sponsored by the Judiciary Committee.

5:30 p.m. Bankruptcy & Commercial Law Section “Removal, Withdrawal and Appeal: How to Get into or out of District Court,” Frances Smith. (MCLE 1.00)*

THURSDAY, SEPTEMBER 8 Noon

Publications Committee

Criminal Justice Committee “Cyber Security,” Prof. David Maimon. Family Law Section Board Meeting

CLE Committee

Christian Lawyers Fellowship

Legal Ethics Committee

Noon

All Day

North Texas Giving Day Donate to DVAP at www.dallasbar.org.

WEDNESDAY, SEPTEMBER 14

Noon

Criminal Law Section Topic Not Yet Available

7:45 a.m. Dallas Area Real Estate Lawyers Discussion Group

Environmental Law Section “Environmental Enforcement by the Office of the Attorney General,” Craig Pritzlaff. (MCLE 1.00)*

11:30 a.m. Family Law Section “ADR/Family Law Sections Panel,” Hon. Vicki Isaacks, Patricia Nolan, Brian Webb, and Marilea Lewis, moderator. (MCLE 2.00, Ethics 0.25)*

Transition to Law Practice Committee “Interview with a Legal Legend,” Hon. Royal Furgeson interviewed by Ashley Jones. (Ethics 1.00)*

House Committee Walk Through Bench Bar Conference Committee

DVAP New Lawyers Luncheon. For more information, contact reed-brownc@lanwt.org.

Dallas Asian American Bar Association

Christian Legal Society

Noon

5:00 p.m. Jeff Coen Family Law Nuts & Bolts Live, Part I “2016 Family Law Updates.” Contact reedbrownc@lanwt.org to register. (MCLE 3.00, Ethics 1.00)* Sponsored by DVAP and DBA Family Law Section.

6:00 p.m. J.L. Turner Legal Association

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

FRIDAY, SEPTEMBER 9

THURSDAY, SEPTEMBER 15

Noon

Friday Clinic—Belo “Unplugged. Why Do You Do That? A Bankruptcy Judge and the Assistant U.S. Trustee Ask Each Other Hard Questions,” Hon. Harlin Hale and Lisa Lambert. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

MONDAY, SEPTEMBER 5 DBA Offices Closed in Observance of Labor Day

Morris Harrell Professionalism Committee

6:00 p.m. DAYL Board of Directors Meeting

Noon

WEDNESDAY, SEPTEMBER 7 Noon

Employee Benefits & Executive Compensation Section “Hot Topics in ERISA: In-House Counsel Edition,” Vicki Blanton and Nikki ChriesmanGreen. (MCLE 1.00)*

Peer Assistance Committee

Admissions & Membership Committee

TUESDAY, SEPTEMBER 13

Public Forum Committee

Noon

DAYL Judiciary Committee DAYL Lunch & Learn CLE

FRIDAY, SEPTEMBER 16 Noon

A Special Program Promoting Civility

Texas High School Mock Trial Committee

Noon

View special letter signed by Dallas federal and state judges supporting the Day of Civility & Professionalism, and Program Agenda on page 10.

Civility is the hallmark of a professional

J.L. Turner Legal Association

SATURDAY, SEPTEMBER 24 8:00 a.m. DAYL Freedom Run Register online at www.freedomrun.com.

MONDAY, SEPTEMBER 26 Noon

TUESDAY, SEPTEMBER 20 Noon

Securities Section “Unraveling the DOL’s New Fiduciary Duty Rule,” Steve Corso and Nelson S. Ebaugh. (MCLE 1.00)* Law in the Schools & Community Committee

TUESDAY, SEPTEMBER 27 Noon

Antitrust & Trade Regulation Section “Update on Antitrust and Consumer Protection from the Texas Attorney General’s Office,” Bret Fulkerson and Paul Singer. (MCLE 1.00)* International Law Section Topic Not Yet Available

Appealing to the Public Program The Fifth District Court of Appeals will hear live oral arguments about a local case at Belo. Seating is limited. RSVP to kzack@dallasbar. org. (MCLE 1.50)* Computer Law Section “Data Privacy and Security Issues in Cloud Contracts,” Robert J. Scott. (MCLE 1.00)*

Labor & Employment Law Section “Settlement Strategies in Complex Cases,” Keith Clouse, Hon. Martin Hoffman, Michael Hurst, Chris Nolland and Andy Payne. (Ethics 1.00)* Co-sponsored by Business Litigation and Tort & Insurance Practice Sections. Senior Lawyers Committee “Report from Austin: What’s Going on of Interest to Senior Lawyers,” Frank Carroll and Frank Stevenson. (Ethics 1.00)*

The DBA, SBOT Professionalism Committee, Inns of Court, and ABOTA will jointly present a free half-day seminar on September 9, Noon-4:30 p.m. Ethics 4.50 RSVP to ahernandez@dallasbar.org.

Intellectual Property Law Section “Is That Fair (Use)? – Third-Party Trademarks in Media,” Tamera H. Bennett. (Ethics 1.00)*

MONDAY, SEPTEMBER 19

Friday, September 9, 2016 at Belo

Speakers include: DBA President Jerry Alexander Frank Branson Nina Cortell Justice Eva Guzman Rod Phelan Lewis Sifford State Court Judges Panel with Judge King Fifer, Judge Amber Givens-Davis, Judge Bonnie Goldstein, Justice Liz Lang-Miers, led by Judge Jim Jordan Federal Judges Panel discussing Dondi, led by Hon. Barbara M.G. Lynn, moderated by Richard D. Pullman Media Panel with Ed Lavandera, Florentino Ramirez, Jason Trahan, led by Mark Curriden, moderated by Justice Doug Lang

Friday Clinic—Belo “Reviewing Our Civil Justice System,” Al Ellis, Hon. Royal Furgeson, and Hon. Kenneth Molberg. Moderated by G. Leroy Street. (MCLE 1.00)* RSVP to kzack@dallasbar.org.

33rd Annual Stephen Philbin Awards Luncheon Recognizing Excellence in Legal Reporting. Keynote speaker: Charles “Chip” Babcock. (MCLE 1.00)* Tickets $45/Tables $450 (before Sept. 8). Register online at www.dallasbar.org. Friday Clinic—North Dallas** “Annual Review of the U.S. Supreme Court’s Term,” Jason Steed. (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.

5:00 p.m. Jeff Coen Family Law Nuts & Bolts Live, Part 2 “2016 Family Law Updates.” Contact reedbrownc@lanwt.org to register. (MCLE 3.00, Ethics 1.00)* Sponsored by DVAP and DBA Family Law Section.

Business Litigation Section “Professionalism: Then & Now,” Hon. John Malcolm Duhe, Jr., Hon. Catharina Haynes, and Hon. Amos L. Mazzant, III. (Ethics 1.00)*

DAY OF CIVILITY & PROFESSIONALISM

Noon

3:30 p.m. DBA Board of Directors

Real Property Law Section “Surveys,” Jim Brown. (MCLE 1.00)*

Solo & Small Firm Section “Adventures in Error Preservation,” Scott P. Stolley. (MCLE 1.00)* Trial Academy CLE “[More!] Evidence Rules You Really Need To Know,” Prof. Fred Moss. (MCLE 1.00)*

Dallas LGBT Bar Association

Tax Law Section “Section 1031 Exchanges Including ‘Drop and Swaps’ and Other Exotic Animals,” Lou Weller. (MCLE 1.00)*

FRIDAY, SEPTEMBER 23

Media Relations Committee

Trial Skills Section “Representation of High Profile Athletes in Criminal Investigations and Trials,” Andy Drumheller and Rusty Hardin. (MCLE 1.00)*

Legal History Discussion Group “The Tie That Binds Presidents and Lawyers,” Talmage Boston. (Ethics 1.00)* Co-sponsored by the Morris Harrell Professionalism and Senior Lawyers Committees, ADR, Business Litigation, and Government Sections.

1:00 p.m. Dallas Women Lawyers Board Meeting

Minority Participation Committee Christian Legal Society “Faith and Law,” Hon. Sidney A. Fitzwater

MONDAY, SEPTEMBER 12

Dallas Women Lawyers Association CLE “Misdemeanors, Mentoring, and Mastering the Courtroom,” Judge Jane Boyle. (MCLE 1.00)*

Appellate Law Section “Election (of Remedies) 2016,” Byron Henry. (MCLE 1.00)*

Government Law Section Topic Not Yet Available

DAYL Freedom Run Committee

TUESDAY, SEPTEMBER 6 Noon

Day of Civility & Professionalism “A special program promoting civility presented by the DBA, SBOT Professionalism Committee, Inns of Court, and ABOTA. (Ethics 4.50)* For more information, contact ahernandez@dallasbar.org.

THURSDAY, SEPTEMBER 22

6:00 p.m. Home Project Committee

St. Thomas More Society

FRIDAY, SEPTEMBER 2

5:15 p.m. Legalline. Volunteers welcome. Second floor Belo.

Probate, Trusts & Estates Law Section “Estate Planning With Art & Other Collectibles,” Ramsay H. Slugg. (MCLE 1.00)* Courthouse Committee American Immigration Lawyers Association DAYL Lawyers Promoting Diversity

Community Involvement Committee

WEDNESDAY, SEPTEMBER 28

Entertainment Committee

Noon

Dallas Bar Foundation Board Meeting DAYL Elder Law Committee

Sports & Entertainment Law Section “Facing the Music: How Venue Owners License Music from Performing Rights Organizations,” Don Nedler and Larry Waks. (MCLE 1.00)* DVAP Pro Bono CLE “Powers of Attorney and Advance Directives,” Jack Wilburn II. (MCLE 1.00)*

DAYL Suicide Awareness Program 6:00 p.m. Dallas Hispanic Bar Association

Municipal Justice Bar Association

WEDNESDAY, SEPTEMBER 21 Noon

Energy Law Section “Foreign Corrupt Practices Act: Why the Yates Memo is Causing Sleepless Nights,” Linda M. Glover. (MCLE 1.00)*

THURSDAY, SEPTEMBER 29 Noon

Health Law Section “Hot Topics in Business of Medicine and Dentistry,” Brad Adatto. (MCLE 1.00)* DBA CSF Board of Directors Meeting Law Day Committee

South Dallas Clinic “Shoulder to Shoulder: Equipping Attorneys to Recognize and Assist Fellow Attorneys in Crisis,” Brian Farlow (Ethics 1.00)* At UNT Dallas, 7400 University Hills Blvd, Building 2, Room #101. Park in lot in front of 7400 University Hills Blvd. RSVP to kzack@dallasbar.org. Co-Sponsored by CLE and Peer Assistance Committees.

Pro Bono Activities Committee

FRIDAY, SEPTEMBER 30

Non Profit Law Study Group

Noon

No DBA Events Scheduled

Sept e mb e r 2 0 1 6

D al l as Bar A ssoci ati on l Headnotes 3

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4 He a d n o t e s l D a l l a s B a r A s s o ciation

Septem ber 2016

President's Column

Headnotes Published by: DALLAS BAR ASSOCIATION

George Allen Courthouse Mural Project BY JERRY ALEXANDER

A remarkable transformation is occurring in the tunnel that connects the public parking garage to the George L. Allen, Sr. Courthouse. Here is a picture of how this tunnel looked this time last year. It also leaked when it rained, oozed “something green,” and had a strange odor.

There was a design contest, and the students won modest cash prizes, provided for with private funds, for their mural designs. A winning design executed on mural panels by the students is shown below.

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

Here is what it is starting to look like today.

Next, DBA member Tex Quesada made the introduction and arranged a lunch with County Judge and DBA member Clay Jenkins, who agreed to talk with the other Commissioners about the project. Since the funds were already in the budget for cleaning and repairing the tunnel, and the mural is being provided at no cost to the County, Ms. Bodino and I were invited to come and present our idea for this mural to the full Commissioners Court. The project was unanimously approved.

The Art

Below is a picture of a large mural panel. It is on your left as you walk through the tunnel toward the Courthouse and depicts some Dallas landmarks, including the historic Belo Mansion, the headquarters of the DBA.

City Council member Philip Kingston, a DBA member, made the introduction to Bernadette Nutall, the Dallas ISD Trustee whose area of responsibility includes Booker T. Washington, also known as the Dallas Arts Magnet High School. Trustee Nutall enthusiastically endorsed the students’ participation in the project and called in Lilly Cabatu-Weiss and Sharon Modabberi-Cornell, who are very active in the Visual Arts Department at the school.

Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Leon Carter, John Jansonius, Gregory Sampson and Brad Weber

HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Josh Garza Display Advertising: Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Meghan Hausler and Keith Pillers Vice-Chairs: Alexander Farr and Carl Roberts Members: Timothy Ackermann, Logan Adock, Jerry C. Alexander, Wes Alost, Jason Bloom, Andrew Botts, Charles Coleman, Shannon Conway, Jess Davis, James Deets, Leiza Dolghih, Dawn Fowler, Susan Halpern, Jeremy Hawpe, Mary Louise Hopson, Lindsay Hedrick, Brad Jackson, Andrew Jones, Kristi Kautz, Amanda Kelley, Michelle Koledi, Kevin Koron-ka, Susan Kravick, Lawrence Maxwell, R. Sean McDonald, Tyler Mendez, Terah Moxley, Jessica Nathan, Eugene Ol-shevskyy, Kirk Pittard, Laura Anne Pohli, Charles Price, Kathy Roux, Jared Slade, Thad Spalding, Shana Stein, John Stevenson, Scott Stolley, Amy Stowe, Ashely Swenson, Michael Tristan, Pryce Tucker, Peter Vogel, Suzanne Westerheim, Yuki Whitmire

How Did This Happen?

As the incoming President of the Dallas Bar Association, I asked a number of people who use the courthouse frequently what they would change, if they were able, about the physical facility. Many of them mentioned the parking garage tunnel and entryway. I started talking to DBA members and found them to be very receptive to the idea of improving that tunnel. The idea of a mural seemed like a good one. The idea grew to include the Arts Magnet High School, the Belo’s neighbor in the Arts District. DBA member Lori Ann Bodino, District Court Administrator, told me how facilities improvements work. At the time she was also joining Michele Wong Krause as an incoming CoChair of the DBA Courthouse Committee. Ms. Bodino checked and found there had been funds allocated by the County in the budget for 2016 for a so-called “normal” cleanup of that area. She also felt it would be possible to have an extra good job done since the leaks needed to be fixed, the ceiling re-plastered, and the walls generally re-caulked and painted. Next an artist was found, Steve Hunter, whose specialty is murals. He came up with the sketch of the panel below, which has now been executed on the wall on the right, immediately before the entry to the courthouse through the glass doors at the end of the tunnel.

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)

Next is a picture of the large panel that is on your right as you walk toward the Courthouse, and includes a portrait of Iustitia, the Roman goddess of justice, and her attendants. The word justice is derived from the name Iustitia.

Also on the right-hand wall is this excellent portrait of George Allen, for whom the courthouse was named. There will be an additional panel or two added to the mural before it is completed. One will be devoted to the Court of Appeals for the Fifth Judicial District, since it is housed in George Allen. A dedication plaque will mention those involved in the project, including those in this article, and will prominently denote the DBA’s sponsorship and coordination of this entire project. The DBA did not pay any money for any of the project; it was all done by private donations from DBA members who are art lovers and frequently use the Courthouse. Without the support from these members this project would have never come about. Great things can be accomplished through the efforts of members of the DBA. The entryway now for litigants, jurors, attorneys, and visitors from the parking garage into the George Allen Courthouse will present a much more positive appearance of the legal system that we all strive for in that Courthouse. There will be a formal dedication of the mural in the fall. As members of the DBA, please take pride in the mural and the work you do in the George Allen Courthouse. See you at the Belo! Jerry HN

DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Viridiana Avina, Marcela Mejia Law-Related Education & Programs Coordinator: Melissa Garcia Membership Director: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Yedenia Hinojos DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Mentor Attorneys: Kristen Salas, Katherine Saldana Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Miriam Corpal, Tina Douglas, Zaporra Gonzales, Andrew Musquiz, Carmen Perales, Alicia Perkins Program Assistant: Patsy Quinn Secretary: Ellie Pope Copyright Dallas Bar Association 2016. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publica-tion. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not nec-essarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.

Sept e mb e r 2 0 1 6

D al l as Bar A ssoci ati on l Headnotes 5

6 He a d n o t e s l D a l l a s B a r A s s o ciation

Focus

Septem ber 2016

Family Law

Can My Mother-in-Law Fight Me for Custody? BY LINDSEY VANDEN EYKEL

Although your mother-in-law may appear to be standing in all corners of your life, if she tries to fight you for custody of your children (*sigh*—yes, her grandchildren), the court will probably tell her to sit down. Alas…you may finally have the upper-hand. (But, do not get too excited. She may still be able to standup for longer than you had hoped.) Yes, there are times when grandparents should have custody of their grandchildren, but this article assumes that the facts entitling them to such (e.g., drugs and child abuse) do not exist. That being said, the question presented is three-fold: (1) can my mother-in-law even fight me for custody; (2) who determines if she can; and (3) and when will this determination be made? Briefly, yes—she can. With regards to issues two and three, the answer becomes muddy; the court makes this decision (but courts differ with regards to when this determination is made during the suit). Under Texas Family Code section 102.004(a)(1), your mother-in-law has standing to file a conservatorship suit only if the court finds that it is necessary because your child’s present circumstances (in your care) will significantly impair his or her physical health or emotional development. This requirement creates a steep hurdle for your mother-in-law to jump

over before being allowed to disrupt you and your child’s life. Yet, despite this clear mandate, some trial courts have been adopting a new legal standard enabling grandparents to remain in the suit and deferring its ultimate decision on their standing until a final trial on the merits. So, your mother-in-law could stick around in the suit for longer than you had hoped (even if she fails to present evidence specifically demonstrating that the child’s physical health or emotional development would otherwise be harmed in your care). In a sense, this new standard is troubling, because it appears to loosen our grandparent standing statute by undermining the very purpose and policy for its creation. But, from another perspective, the court has a vested interest in ensuring the safety of each child brought before it, which inevitably requires a thorough digest of all the facts. But, do not fret—remember: the significant impairment standard (also coined the “fit-parent presumption”) is a high burden for your mother-in-law to satisfy. It operates under the presumption that you (as the parent) act in your child’s best interest. If you are adequately caring for your child, the court’s ability to interfere with your parenting is limited. The following chart outlines some of the cases in this area, which further highlight the fact that it is only in extreme circumstances that grandparents are to be granted standing:

Alicia Hernandez Named Executive Director continued from page 1 know that she will do a great job leading this Association. She is passionate about the law and she understands the need to maintain the DBA as a place where lawyers thrive and feel at home.” Ms. Hernandez will continue the DBA’s commitment to engaging lawyers and communities of diversity, expanding the reach of our innovative CLE programming, and maintaining the historical legacy of the Dallas Bar. She has expertise in planning and has a broad understanding of the issues facing

CASE

HOLDING

In re N.B.B., No. 04-0600342-CV, 2007 WL 3171267 (Tex. App.San Antonio 2007, no pet.) (mem. op.).

Standing established based on the following evidence: • mom died; • dad not trained to care for disabled child; • dad had six children by four different moms; • dad behind on child support payments; • dad physically abused mom when children were young; • dad recently hit disabled child; and • other child afraid of dad.

In re McDaniel, 408 S.W.3d 389, 392-94, 397-98 (Tex. App.—Houton [1st Dist.] 2011, no pet.).

Standing established based on the following evidence: • dad forced child to eat spicy food despite child crying about it; • dad held child by arm and spanked child to the point where child was swinging in the air; • dad abusively spanked and yelled at the child for wetting the bed, which left noticeable bruising in the shape of a handprint

In re Pharis, No. 12-0600350-CV, 2006 WL 3735107 (Tex. App.—Tyler 2006, orig. proceeding) (mem. op.).

Standing established based on the following evidence: • child only a week-old; • mom not concerned about child’s medical condition upon release of hospital; • mom disregarded instructions from hospital in order to be with her boyfriend; and • mom left child with someone that was unable to care for the child.

Honestly, when I think about grandparent standing issues, I tend to think of the Hodor death scene in Game of Thrones. “Hodor”—name of a character who is a gentle, giant—is derived from the phrase “hold the door,” which becomes Hodor’s destiny as he saves Bran’s life by holding back the door of a cave thereby allowing Bran to escape

lawyers in the future. Mr. Alexander, President of the DBA, welcomes “the outstanding leadership that Alicia will continue to bring to the Bar. She knows our programs and traditions, but also brings new ideas and approaches that will ensure the legacy of the DBA for years to come.” Alicia, a 24-year lawyer, received her B.A. from Emory University and her J.D. from the University of Notre Dame Law School in 1992. She is married to Domingo Davila and they have 3 children, Martín, Anna Rose, and John. HN

512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG

Lindsey Vanden Eykel is an attorney at KoonsFuller, P.C. and can be reached at lindsey@koonsfuller.com.

33rd Annual Philbin Awards Luncheon Tickets Now Available! Ethics 1.00 KEYNOTE SPEAKER Jackson Walker

TLIEnduring With over 36 years in the business, and our enduring commitment to exceptional coverage, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. TLIE is also a Preferred Provider of the State Bar of Texas and has returned over $41,550,000 to our policyholders. See why our enduring commitment, exceptional coverage and remarkable staff make the difference.

from the White Walkers. Here, although we can also hold the door against your mother-in-law, the door does exist and provided extreme facts and circumstances—she may be able to stand-up and walk through it. HN

Friday, September 23 | Noon | Belo For tickets, log on to www.dallasbar.org

BENCH BAR CONFERENCE

Just a Few of the CLE topics: x

What We Learned From the O.J. Simpson Trial

State Judges Panel

Status of the Dallas Jury: What Are They Thinking?

Federal Magistrate Judges Panel

Social Media and the Cloud

Thursday, September 29– Saturday, October 1 REGISTER NOW!

www.dallasbar.org or 214-220-7403

Andy Cantiello, Underwriter

@TLIE_

facebook.com/TLIE01

Events/Activities: Plan to Stay Friday Night! Sporting Clays, Game Plan, Golf, Tennis, Yoga and more! More than 7 hours CLE, including 1.00 hour ethics. | Casual Attire Only!

Sept e mb e r 2 0 1 6

D al l as Bar A ssoci ati on l Headnotes 7

8 He a d n o t e s l D a l l a s B a r A s s o ciation

Focus

Septem ber 2016

Family Law

Strategies for Contested Hearings on a Time Budget BY MICHELLE MAY O’NEIL

Our court system is busy and dockets are crowded. Some judges manage this issue by placing time limits, which may be severe, on litigants’ presentation of evidence. Handling these time restrictions can make the difference between effective presentation of a case or losing. This is one instance where it is imperative to be familiar with the judge’s preferences and local rules before venturing into unknown territory. How does an effective attorney handle presenting all of the evidence in the face of a time crunch in a hearing or trial?

Here are the Top 5 Strategies: 1. Request Relief. A one-page summary of the rulings that you are requesting from the court at the end of the hearing is essential. This is where you tell the judge what you want in a fashion that is easy to understand. The request for relief also serves as an outline for all of the presentation of evidence in your case. This is especially true when your client testifies, as you can simply follow the request line by line to efficiently expand on the points you want to make. 2. Summarize Voluminous Documents. One of my favorite tricks for keeping the presentation efficient is to provide

Sign up to Volunteer at the DBA Community Day of Service Saturday, October 22, 2016 A day of community service hosted by the DBA’s Community Involvement Committee. For more information, visit www.dallasbar.org/dbacommunitydayofservice. If your ﬁrm or group has an idea for a project that you would like to organize, please contact acavazos@velaw.com.com, belwood@dykema.com, or kzack@dallasbar.org.

a summary of the point you are making on top of the voluminous exhibit. So, for example, if you are offering bank records to show certain transactions for purchase of jewelry for a paramour, prepare a summary page to go on top of the exhibit with date and page references and quotes from the exhibit. Assuming the summary is accurate, this can speed up presenting the information. 3. Stipulate as to the admissibility of evidence. When dealing with a professional and courteous opposing counsel, often you can reach an agreement regarding the admissibility of certain exhibits. Financial statements of the parties, medical records, bank statements, photographs, and other common types of evidence can be admitted by prior agreement without having to take the time to cover admissibility predicates. 4. Be prepared and organized. Preparation in advance is a key to effectively presenting a hearing or trial on a time limit. You should meet with your client and other witnesses in advance to review the time limits and how that may affect the way they answer questions. Also, provide an outline or roadmap to highlight the essential points of the client or witness’ testimony. Some witnesses may be long-winded either because of inexperience testifying or being nervous. This can really hurt a time limited presentation. So, helping the witness understand how to efficiently answer the questions will give back essential minutes. I have even been known to object to “nonresponsive” as to my client’s own testimony if

the client goes too far afield. If the witness’ testimony is something that cannot be presented quickly, consider taking the witness’ deposition. This will allow you to present the deposition as an exhibit in evidence and a summary on top (see point #2) without spending unnecessary time to make the point. Another organization tip involves preparing a notebook of exhibits to provide in advance to the judge, court reporter, and opposing counsel to save time in walking exhibits around the room. 5. Keep it simple and focused. Staying focused on what is really important to achieving the goal of the hearing or trial is a key to effective presentation. Know how much time you want to budget for each witness, including direct and cross, leaving some extra time in case the other side calls an unexpected witness. If an opposing witness is not important or has only a minor contribution to the case, do not be afraid to ask zero questions and pass the witness. Do not waste time on non-essential witnesses or issues. Do not go down rabbit trails that are not essential to the goal. In summary, when presenting a case on a time budget, using every way to get to the point efficiently will increase the effectiveness of your presentation. Judge Doug Robison in Denton County uses the acronym B.L.U.F. for “Bottom Line Up Front,” to illustrate the need to tell the judge from the beginning what the hearing is about. In other words, get to the point quickly. HN Michelle May O’Neil is the Senior Shareholder of O’Neil Wysocki, P.C. She can be reached at michelle@owlawyers.com.

Park Place Dallas Ticket to Drive Raffle ...Winner receives 2016 Mercedes-Benz GLA-Class*

Runner-Up Receives: Sonoma Valley Winemaker Package (Three-night stay at The Fairmont Sonoma Mission Inn & Spa, with airfare for 2) Elayna Erick, Ron Massingill, Maryann Brousseau, Matthew Naftis

Raffle tickets are $100 each — or 6 tickets for $500. Proceeds benefit the Dallas Volunteer Attorney Program, which provides legal services to the less fortunate in our community. No more than 1,500 tickets will be sold. *Picture shown is not exact winning vehicle

Purchase raffle tickets online at https://www2.dallasbar.org/dbaweb/dvap/raffle.aspx or at the DBA offices at the Belo Mansion (2101 Ross Avenue, Dallas, TX 75201). Drawing will be held at the DBA Inaugural Ball on January 16, 2016. The winner need not be present to win. The winner is responsible for all taxes, title and licensing. Prize is non-transferable. No cash option is available.

Sept e mb e r 2 0 1 6

D al l as Bar A ssoci ati on l Headnotes 9

10 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016

DAY OF CIVILITY & PROFESSIONALISM

DALLAS BAR ASSOCIATION DAY OF CIVILITY Co-Sponsors: American Inns of Court in Dallas Dallas ABOTA State Bar of Texas Professionalism Committee

A Special Program Promoting Civility Friday, September 9, 2016 at Belo

August 8, 2016 Dear Dallas Attorney: In continuation of our efforts and emphasis on professionalism, we are supporting September 9, 2016 as a Day of Civility and Professionalism for attorneys. We, Dallas federal and state judges, with the support of the Dallas Bar Association, the local Inns of Court and the Dallas Chapter of the American Board of Trial Advocates, strongly encourage you to participate in reaffirming the Texas Lawyer’s Creed on September 9, by conducting yourself with the utmost courtesy and professionalism toward judges, adversaries, peers, workplace colleagues and in performing your duties to your clients, and with the highest degree of civility toward other counsel and their clients. Civility is the hallmark of a professional. That term was clearly described by Justice Anthony Kennedy in these words. “[Civility …] is not some bumper-sticker slogan, ‘Have you hugged your adversary today?’ Civility is the mark of an accomplished and superb professional, but it is even more than this. It is an end in itself. Civility has deep roots in the idea of respect for the individual.” Justice Anthony Kennedy, 1997 Speech, ABA Annual Meeting. While vigorously representing your clients, we urge you to embrace the principles espoused in the Dondi opinion, 121 F.R.D. 284 (N.D. Tex. 1988), and the Texas Lawyers’ Creed. Always be mindful of your responsibility to act with civility to preserve our system of justice. The DBA, the Inns of Court and ABOTA will be jointly presenting a free half day seminar on this Day of Professionalism and Civility at the Belo Mansion, 2101 Ross Avenue from 12:00 p.m. to 4:30 p.m. on September 9, 2016 for which four (4) hours of ethics credit is being sought. The program will be followed by a reception from 4:30 to 6:00 p.m. Please participate and encourage your colleagues to participate as well. Sincerely,

The DBA, SBOT Professionalism Committee, Inns of Court, and ABOTA will jointly present a free half-day seminar on September 9, Noon-4:30 p.m. Ethics 4.50 RSVP to ahernandez@dallasbar.org.

Agenda 12:00 – 12:25: Opening Remarks on Day of Civility: President Jerry Alexander 12:25 – 1:15: Ethics & Professionalism: Lewis Sifford 1:15 – 2:00: State Court Panel: Judge King Fifer, Judge Amber Givens-Davis, Judge Bonnie Goldstein, Justice Liz Lang-Miers, led by Judge Jim Jordan 2:00 – 2:15: Justice Eva Guzman

Chief Judge Barbara M. G. Lynn United States District Court Northern District of Texas

2:15 – 3:00: Trial Lawyers on Professionalism: Frank Branson, Nina Cortell, Rod Phelan Mary Murphy Presiding Judge First Administrative Judicial Region Dallas County, Texas

Presiding Judge Tonya Parker 116th Judicial District Court Dallas County, Texas

3:00– 3:10 Break 3:10 – 3:55: Federal Court Panel: The Judicial Perspective - Judge Jane Boyle, Judge Royal Furgeson, led by Judge Barbara M.G. Lynn, moderated by Richard D. Pullman

Presiding Judge Gracie Lewis Criminal District Court No. 3 Dallas County, Texas

4:35-6:00: Reception

Presiding Judge D’Metria Benson County Court at Law No. 1 Dallas, County, Texas

Civility is the hallmark of a professional

Texas Business Litigation Sofia Adrogué, Editor - Caroline Baker, Co-Editor

Chapter Highlight: E-Discovery Featured Contributor David Chaumette

3:55 – 4:35: The Impact of Media on Professional Conduct & Public Perception - Ed Lavandera, Jason Trahan, Tino Ramirez Sr., led by Mark Curriden, moderated by Justice Doug Lang

Featured Chapter Adapting to the increased presence of technology in the workplace, litigants face an ever-changing process of “electronic discovery.” This requires speciﬁc preparation by the client and by the client’s counsel prior to the onset of any legal dispute. In his chapter on E-Discovery, David Chaumette offers advice in making the transition, discusses preservation issues, outside vendors, privilege, how to educate clients and handle employees, proposed amendments, and provides sample documents.

PRACTICE POINTER: E-Discovery The amount of data that is potentially relevant is often underestimated at the outset of electronic discovery projects, especially by those who have little or no prior experience with electronic evidence. There are a few reasons for this. First, employees create more electronic information than you think. Second, people assume that “e-phobic” individuals are not using their computers when, in fact, their assistants are retrieving and responding to email on their behalf.

Visit www.TexasLawyerBooks.com or call 1-800-756-8993.

Continuing the Tradition: Crain Lewis Brogdon Kicks Off 2017 EAJ Campaign continued from page 1 own devices, representing themselves, and lack of access to justice can be devastating.” Quentin Brogdon, an attorney board certified in personal injury and civil trial advocacy, understands the importance of effective counsel, having represented hundreds of clients in complex matters over the years. “My clients are just regular, hardworking people who have experienced personal injury tragedies in their lives. Their lives are forever changed, and our representation helps them start over. But, there is not a process similar to the one in personal injury cases for DVAP clients. It is help from pro bono attorneys or nothing at all.” “Our bar leaders for years have said this is the most important thing we do—

increasing access to our justice system,” said Mr. Crain. “We are proud and really honored to be a part of it.” The Dallas Volunteer Attorney Program is a joint pro bono program of the Dallas Bar Association and Legal Aid of NorthWest Texas. The program is the only one of its kind in Texas and brings together the volunteer resources of a major metropolitan bar association with the legal aid expertise of the largest and oldest civil legal aid program in North Texas. For more information, or to donate, visit www.dallasvolunteerattorneyprogram.org. HN 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.

16TH ANNUAL FREEDOM RUN 5K Run/1 Mile Walk Saturday, September 24, at 8:00 a.m. at Trinity Groves Beneﬁtting the Assist The Ofﬁcer Foundation Paying tribute to the victims and heroes of 9/11. Register Online at www.freedomrun.com Organized by the Dallas Association of Young Lawyers. For sponsorship or corporate team information, email cherieh@dayl.com.

Sept e mb e r 2 0 1 6

D al l as Bar A ssoci ati on l Headnotes 11

CALABRESEHUFF.COM | FOLLOW US ON FACEBOOK

Left to right: CARLA M. CALABRESE, DAWN RYAN BUDNER, WINIFRED “WINNIE” HUFF, & LAUREN S. HARRIS

SOMETIMES TENACITY NEEDS A WOMAN’S TOUCH. When legal issues impact your marriage or family, you need an attorney with sound judgment, empathetic insights, and an unwavering commitment to your best interests. That’s exactly what you’ll ﬁnd at Calabrese Huff. Whether in the courtroom or in the conference room, Calabrese Huff works tenaciously to protect what you value most. + Divorce + Complex Property Division + Collaborative Law + Marital Agreements (Pre- and Post-Nuptial) + Child Custody and Support + Adoption + Paternity + Mediation + Assisted Reproductive Technology (ART)/Surrogacy + Alimony/Spousal Maintenance + Post Divorce Modiﬁcation/Enforcement

Best Lawyers in Dallas, D Magazine, 2016 Carla Calabrese and Winnie Huff

Park Cities | Dallas | Collin | Tarrant | Denton

Best Law Firms in America, U.S. News – Best Lawyers, Woodward/White, Inc. 2010–2016

12 H e a d n o t e s l D a l l a s B a r A s s ociation

At Quaid Farish, we believe that divorce doesn’t have to be destructive to be effective. We are experienced litigators, recognized for our skill in the courtroom, as well as in alternative ways of divorcing, such as collaborative law. Divorce and Custody cases often include far more than mere legal issues. While litigation may still be necessary in some cases, the reality of families in transition is a collaborative resolution is far more efficient, private and durable.

Septem ber 2016

Quaid Farish LLC

8150 N. Central Expressway, Suite 600, Dallas, Texas 75206 PH: (214) 373-9100 FX: (214) 373-6688 www.QuaidFarish.com www.CollaborativeDivorceDallas.com *

Collaborative law is forward thinking, not focused on fighting over the past. The collaborative process replaces the combative and threatening atmosphere of litigation, with a confidential, transparent, structured, and solution oriented process.

† *

While many lawyers & firms handle collaborative cases, few are as practiced at the art of collaborative law, committed to collaborative practice and as recognized as leading Collaborative Family Law practitioners, as Quaid Farish.

Christopher M. Farish * † x Charles J. Quaid * x Julie H. Quaid *

Sept e mb e r 2 0 1 6

D al l as Bar A ssoci ati on l Headnotes 13

Charles J. Quaid Proudly Congratulates His Partners and Family For The Following Accomplishments in Collaborative Divorce

Julie H. Quaid

Christopher M. Farish *

2017 Collaborative Law: Family Law “Lawyer of the Year” for Dallas/Fort Worth. U.S. News and World Report The Best Lawyers in America

2016 President Elect - International Academy of Collaborative Professionals (IACP)

2016-17 President - Collaborative Law Section of the State Bar of Texas Immediate Past President - Collaborative Law Section of Dallas Bar Association

U.S. News and World Report 2017 The Best Lawyers in America for Family Law and Collaborative Law(Family) * Board Certiﬁed – Family Law, Texas Board of Legal Specialization

Quaid Farish LLC. 8150 North Central Exp. Suite 600 Dallas, Texas 75206 (214)-373-9100 www.QuaidFarish.com www. CollaborativeDivorceDallas.com www.CollaborativeDivorceCollinCounty.com

Divorce Does Not Have To Destroy

14 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016

Charles Babcock to be Keynote Speaker at Philbin Awards the Dallas Bar Foundation, funds the awards each year. The keynote speaker at this year’s The 33rd Dallas Bar Association annual Stephen Philbin Awards for luncheon is Charles “Chip” Babcock, a Excellence in Legal Reporting will be nationally recognized trial and appellate held Friday, September 23, at noon at the lawyer. Mr. Babcock is a Partner at Jackson Walker L.L.P. who Belo Mansion. Winners handles all types of comin various news categories mercial trial work and will be announced at the has particular expertise in luncheon. media and First AmendThe luncheon honors ment litigation. Mr. Babnot only the local media, cock has represented but also the memory of individuals such as WarStephen Philbin who ren Buffet, Oprah Winlost his battle with leufrey, Dr. Phil McGraw, kemia in 1982. A longGeorge W. Bush, and time member of the DalReggie Love (aide to las Bar Association and a partner with Locke, President Obama). His Purnell, Boren, Laney corporate clients have & Neely, at the time of included ORIX USA, his death, Mr. Philbin Charles Babcock Celanese Corp, Fox News was a leading authorNetwork, CNN, Google, ity on media law in Texas. In honor of CBS Television Studios, Warner BrothMr. Philbin, his family, acting through ers Pictures, New Line Cinema, 3M CorBY JESSICA D. SMITH

Texas Lawyers’ Assistance Program TLAP provides confidential help for lawyers, law students, and judges who have problems with substance abuse and/or mental health issues. In addition, TLAP offers many helpful resources, including: x Live Ethics CLE presentations x

undergraduate degree at Brown University, where he was a four-year member of the varsity crew and the broadcast partner of Hall of Fame Texas Rangers announcer Eric Nadel. DBA members may reserve seats now for the luncheon. To receive the early bird rate of $45 per ticket or $450 per table of 10, register by September 8. After September 8, tickets increase to $50; and tables of 10 can be purchased for $500. No walk-ins will be accepted. Purchase your ticket by logging on to www.dallasbar.org or by contacting Judi Smalling at HN jsmalling@dallasbar.org. Jessica D. Smith is the DBA’s Communications/Media Director. She can be reached at jsmith@dallasbar.org.

NEED TO REFER A CASE? The DBA Lawyer Referral Service Can Help. Log on to www.dallasbar.org/ dallas-lawyer-referral-service or call (214) 220-7499.

Request of specific educational materials

x x x

TLAP Newsletter

poration and OWN: The Oprah Winfrey Network. He has tried over 100 cases to a jury and argued over 50 appeals and is considered very highly regarded in First Amendmentrelated litigation. Mr. Babcock has tried highly publicized cases such as Turner v. Dolcefino, which was covered for nine weeks on CourtTV (now TruTV); Texas Beef v. Oprah Winfrey, which was litigated for six weeks in Amarillo, Texas, and dealt with the talk show host’s statements about “mad cow” disease; and Knight v. The Chicago Tribune, a case tried in Cook County, Illinois, involving a Pulitzer Prize-winning journalist defendant and his highly acclaimed series about prosecutorial misconduct. Mr. Babcock received his J.D. at the Boston University School of Law and his

1-1, group telephone calls on topics

Friday noon AA telephone meeting 1-800-393-0640, code 6767456

Find out more at www.texasbar.com.

DVAP’s Finest Jodi McShan

TIM VON HAT TEN North Texas Giving Day Donor

Jodi McShan is a family law attorney at her own firm, the Law Office of Jodi McShan, PLLC. She has been actively involved with DVAP since moving back to Dallas in 2011. Over the years, Jodi has worked with DVAP on a number of family law cases, focusing on the cases that need an experienced family law attorney to handle. Paternity, divorce, child support, appeals, and suits for conservatorship by parents and other relatives are the types of cases she has taken on behalf of DVAP. While not taking on cases outside of her practice area, Jodi provides the necessary level of expertise and familiarity with the family law courts to provide DVAP clients with excellent representation. DVAP provides the screening and support to make representation of low-income clients easier for attorneys like Jodi. Jodi remains active in the bar and community, and she appreciates the opportunities DVAP provides for her to give back to the community. Thank you for all you do, Jodi!

Pro Bono: It’s Like Billable Hours for Your Soul. To volunteer or make a donation, call 214/748-1234, x2243.

CRE ATIN G A C YCL E of G I V IN G On North Texas Giving Day, an annual giving event organized by Communities Foundation of Texas, thousands of people donate to nonprofits that are improving our community. One of those nonproﬁts, Arlington Life Shelter, helped Tim Von Hatten overcome

Deep in the heart of giving™

the encompassing despair of homelessness, addiction and joblessness. Four years later, with a fulﬁlling career and bright future, Tim was able to donate back to the organization that changed his life. Thanks to the incredible outpouring of support on North Texas Giving Day, many of

Open your fund today. Call us at 214-750-4145,

the discouraged and hopeless are empowered to eventually

email giving@cftexas.org

give back themselves, creating an enduring cycle of giving.

or visit www.CFTexas.org/GivingFund

Sept e mb e r 2 0 1 6

Focus

D al l as Bar A ssoci ati on l Headnotes 15

Family Law

Cohabitation Agreements Can Protect Both Sides BY AUBREY CONNATSER

There is a new normal in domestic relations. By the thousands, couples are living together without marrying. This growing phenomenon has produced a noticeable increase in the number and complexity of cohabitation agreements to clean up the mess when relationships go south. According to a 2013 report from the Centers for Disease Control and Prevention (CDC), fully half of heterosexual women ages 15 to 44 lived with their spouse outside marriage, up from 34 percent in 1995. The same CDC report indicated that couples approach cohabitation differently depending on socio-economic factors. People with ample resources often treat cohabitation as preparation for marriage. Live together for a couple of years, get to know each other well, maybe buy a house, then pop the question. For people of modest means, cohabitation sometimes becomes an alternative to marriage altogether. In relationships where one of the partners has significantly higher net worth or annual earnings than the other, pre- and post-marital agreements have always been available to safeguard assets, avoid contentious, costly litigation and clarify other wishes should the couple decide to split up. However, cohabitation agreements can benefit both parties in a relationship when they choose not to marry. In a community property state like Texas, a well-written cohabitation agreement can protect a wealthy person from potential claims of a live-in partner. At the same time, these agreements can shield one party from responsibility for debts and

liabilities incurred due to the business dealings of the other party. For the first time, same-sex couples are taking the same approach to cohabitation agreements as heterosexual couples. In past years, same-sex couples used these agreements, based in contract law, to determine ownership of property when dissolving the relationship. The parties had little or no standing in family court. Since the U.S. Supreme Court affirmed the right of same-sex couples to marry last year, they can make the same choices as opposite-sex couples. Like many family lawyers, we often advise a prenuptial agreement for a marrying couple or a cohabitation agreement for a couple who will live together and do not plan to marry. Without a written agreement, the relationship of a cohabitating couple in Texas could be considered a common law marriage, making dissolution more complex. Texas is one of 10 states and the District of Columbia that currently allow common law marriage. Texas law is clear about the factors that create a common law marriage. • The two parties must agree that they are married. • The couple must cohabitate in Texas as husband and wife. • The couple must “hold themselves out” to other people as husband and wife. The agreement to be married does not have to be written. Evidence of “holding out” as married can be purchasing a car and signing together as spouses on the loan paperwork. The parties might wear weddings bands, take the other party’s name, introduce each other to strangers as hus-

band and wife, or list the other as their husband or wife on their health insurance plan. To disprove claims of common law marriage, the cohabitation agreement must clearly state that the parties do not agree to be married, are not currently married, have never been married and do not intend to get married. It should say that if they do get married sometime in the future, it will be through a ceremony and not common law. The intent of the parties is most important. A well-constructed cohabitation agreement should also spell out the following: • The couple’s financial structure, including who works and who does not, and who pays for what. • What are the obligations of the parties, including all assets and liabilities? • Who owns the property where the couple lives? • What protocols must you follow if one party moves out? This section should include notice provisions. • Requirement to reaffirm this agreement on a continuing basis.

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 )

“...AUBREY IS OUR COACH ON THE FIELD ...” AUBREY CONNATSER HAS EMERGED AS THE GO-TO DIVORCE ATTORNEY for Dallas-area professionals in law, medicine, business and sports and their spouses. The last two years, she has been selected among the Top 100 Attorneys in Texas as well as one of the Top 50 Women Attorneys in the state. “In sports terms, Aubrey is our coach on the field,” says Connatser Family Law attorney Mike DeBruin. “She knows her role as a top litigator, but she also understands how to get the best out of everyone in cases that involve

To retain Aubrey M. Connatser for a family law matter, call 214 306-8441 or email aubrey@connatserfamilylaw.com.

AUBREY M. CONNATSER, PLLC 300 Crescent Court, Suite 270, Dallas, TX 75201 214 306-8441 | connatserfamilylaw.com info@connatserfamilylaw.com

Aubrey M. Connatser is board certiﬁed in family law. She can be reached at aubrey@connatserfamilylaw.com.

DVAP Presents: Powers of Attorney & Advance Directives

AUBREY M. CONNATSER

one attorney or the entire team.”

Along with disavowing common law marriage and helping the parties avoid some of the complications of a break-up, cohabitation agreements may provide for inducements to “sweeten the pot” for one party or the other. Those can include a special gift or “signing bonus” at the outset of the agreement or at specific times in the relationship; a monthly spending budget for miscellaneous expenses; guaranteed date nights; and requirements pertaining to wills, trusts, and life insurance. Each party must enter into the agreement voluntarily, and each should be represented by an experienced family law attorney. This is the best way to insure the agreement will hold up in court. For people who want a relationship but do not want to be married, and want to plan ahead to mitigate the financial and emotional turmoil of a possible breakup, a cohabitation agreement makes perfect sense. HN

Wednesday, September 28, Noon at Belo | MCLE 1.00 Speaker: Jack Wilburn, II

16 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016

Focus

1. Over 400 FREE CLE courses offered each year! Our 30 substantive law Sections present cutting edge CLE programs. Members meet monthly at Belo during lunch or in the evening. 2. DBA Headnotes monthly publication is full of substantive legal articles and weekly Dallas Bar Online e-newsletter lists upcoming CLE programs and events. 3. Lawyer Referral Service panel is a great way to get connected with citizens who need legal help. 4. Get involved with various DBA Mentoring Programs that pair new lawyers with seasoned attorneys.

5. Post job openings, search resumes and jobs through our online DBA Career Center. Sign up on DBA website. 6. If you are accepting credit cards, trust your transactions to LawPay. DBA members can save up to 25% off credit card processing fees. For more information, call (866) 376-0950 or visit https://lawpay.com/dallasbar/. 7. You will be included in the DBA Pictorial Directory available in print and online to all DBA members. 8. Take advantage of ABA Publication Discounts as a DBA member. For a list of titles or to place an order, visit www.abanet.org/abastore.

Family Law

A Non Family Code Solution to Get Your Client’s Property Back BY GEORGE WHITE

Your client comes in, she is married and has left her husband, maybe staying in a shelter, he has changed the locks and she is afraid of him. The husband might even be subject to an EPO, but she cannot get her or her child’s property and has no time or money for family court. We all have seen variations on those scenarios. Chapter 24A, Texas Property Code, a new section after evictions, now allows for an Order of Retrieval from the local J.P. It is relatively quick, cheap, and effective, at least for recovering the essentials. With a filing fee of $237, a fill in the blank form provided by the Court, a couple of friends as surety, and you can get the Judge to sign an Order of Retrieval, which has the benefit of a peace officer’s standby, something we rarely get. You can enter the residence and recover an itemized list of your property. The categories are listed in the Order. They include: • Medical records • Medicine and medical supplies • Clothing • Child care items • Legal or Financial Documents, including checks or bank or credit cards in the name of the applicant • Employment records • Personal identification documents

• Educational or work-related books and supplies, including electronic devices • Items pertaining to personal safety There are requirements. The application must be accompanied by a surety bond. The applicant cannot be under an EPO or a PO. The applicant must have been a resident of the apartment/house and provide proof. The applicant must not then be otherwise legally barred from the residence. The applicant must prove there is an immediate risk of personal harm to the applicant or his/her minor child if the property is not retrieved. Notice must be given to the person occupying the residence with an opportunity to be heard. Once issued, a peace officer goes with the applicant and supervises the retrieval. He can use reasonable force to execute this Order. He inventories the items retrieved, he provides copies to the parties and the court, and, he can arrest the resident if he/she interferes with the retrieval for a Class B misdemeanor. This solution is not perfect but should allow your client enough of his/ her property to minimize the damage of the split up and continue living until you can resolve all other issues. If she is without funds to hire you she can do it his/herself. HN George White, principal in the Law Ofﬁce of George White, P.C. and can be reached at gwhitepc@aol.com.

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Focus

D al l as Bar A ssoci ati on l Headnotes 17

Family Law

Ensuring Divorce Doesn’t Cost Your Clients Down the Road BY ADAM M. SWARTZ

What happens when divorce court splits your client’s debts? Who is responsible if those accounts get sideways? Does your client really have to pay for someone else’s mistakes? Consumer credit scoring (the way both positive and derogatory account information is aggregated and reported as a risk management tool) affects an astonishing amount of your client’s day-to-day lives: it can impact interest rates on mortgages, cars, and insurance, credit card APRs, your client’s ability to rent an apartment, and, increasingly, their employment eligibility. In a Texas divorce, only community property may be divided and the division of the community estate must be “just and right.” Although 50/50 can be a starting point, courts have wide discretion in defining a just and right division of assets and debt, including mortgage debt, credit card debt and even student loans. The court will commonly offset one for the other and a single spouse ends up with “responsibility” for the lions’ share of sworn accounts that can be published on a credit report. Here is the wrinkle: Contract law controls over divorce decrees. Any creditor or credit reporting agency will make that point abundantly clear when you contact them to request a deletion for Suzie Q and complain that she was awarded the house, but JimBob was the one ordered responsible for everything else and he’s the one that missed a payment. The divorce decree cannot alter the original agreement between the spouses and the creditor. If the debt was community debt, each spouse will continue to be responsible

to the creditor for payment. The fiduciary responsibility of these business-minded creditors is to collect on contract defaults, and if your client signed the application (or their name is on it), your client will be held responsible for all activity on that account. Missed payments. Overcharging. All of it. Does it matter what kind of debt it is? No. Installment and revolving credit are treated the same for reportability. Does it matter whose fault it was that a derogatory mark appeared on any particular account? No. Texas law establishes a “community presumption,”—debt acquired during marriage is presumed to be community debt. This is true even in veiled cases where one spouse signed up for a separate credit card and ran up debt; the other spouse is still held responsible because the signatory is presumed to have signed on behalf of the community estate. Here is a way to protect both your client and yourself, and make sure that they have funds available to pay you instead of their ex’s defaulting debts: • Require spouses to separate debts and establish each solely in one spouse’s name. • For assets secured by debt, like automobiles or houses, the party awarded the asset should refinance the corresponding debt into their own name. ° Specify a time frame for performance (ex. within 1 year from final decree). Be sure to allow a sufficient curing period to address underwriting disqualifiers on the credit report to ensure the other party’s ability to refinance the asset into their name solely. Alternatives include selling the asset. ° Specify a liquidated damage, forfeiture, or other penalty, applicable to either party should they fail to adhere to the language

in the divorce decree. • For unsecured debts, such as credit cards, spouses should pay off or transfer the balance. ° Should the client close all joint accounts? Not necessarily. It is possible to remove one name from the account, depending on the creditor, but be careful about closing the account unless your client wants to see their scores drop…about 30 percent of your credit score is the length of time an account is open (past behavior is the best predictor of future behavior; when you close an account, you lose any positive value you may have built up over time in your reporting history). Absent protections, if things go sideways for one or both parties down the line,

one spouse may have a breach of contract action or enforcement motion for reimbursement, but that matters practically only if the other side can pay you…and they are the ones defaulting all over town. Save your client the headache. Save your client the hassle. Save your client some money, and ensure that their capital is safe, secure, and available to pay their lawyer’s legal fees. You are a tailor sewing seams, stitching new threads for your client to sally in as they make their way in a brave new world. Do not leave a hole in everyone’s pockets. HN Adam M. Swartz is the principal attorney at The Swartz Law Firm, PLLC. He can be reached at attorney@theswartzlawﬁrm.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

Column

Septem ber 2016

Ethics

Navigating the Ethical Waters of Mandatory Reporting BY MATHEW MARTINEZ

As practitioners of a longstanding profession, we rely on each other to set standards that benefit ourselves, our clients, and the legal system. We look to a variety of sources to understand our ethical obligations in meeting those standards. Our obligations are codified in the Texas Rules of Professional Conduct, informed by the Model Rules, inspired by the Texas Lawyer’s Creed, and found elsewhere still, but as products of shared experiences, they align with generally accepted principles about what is best for the system in which we work.

At the same time, attorneys are subject to additional obligations, created outside and applicable beyond our profession, borne of different principles of comparable importance. Chapter 261 of the Texas Family Code, for example, intends to prevent harm to children by requiring disclosure of abuse or neglect. Though it may originate in the Family Code, the obligation to report applies to all attorneys, not just family law practitioners. In fact, the mandatory reporting law is universal; any person who has “cause to believe” abuse or neglect of a child has taken place is obligated to immediately make a report. Tex. Fam. Code §261.101.

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One can imagine any number of situations where a client may disclose facts during consultation or discovery that would give rise to such a “cause to believe.” And if an attorney “has direct contact with children” in the course of his work, the attorney must make a report within 48 hours, the attorney cannot delegate the responsibility, and the obligation extends to a cause for belief that a child may be abused or neglected in the future. Amicus attorneys and attorneys ad litem working with children, at very least, appear responsive to the second set of obligations. Failure to report is a Class A misdemeanor that can rise to a state jail felony in cases where concealment or an intellectually disabled child is involved. §261.109. Tex. Fam. Code Section 261.106 provides immunity from civil or criminal liability for reporters, but is silent on immunity from ethical sanction by the State Bar. Thus, as attorneys subject to a multitude of responsibilities imposed by multiple sources, it is reasonable to ask if we can abide by our ethical duties of confidentiality while complying with our mandatory obligation to report. Texas Rule of Evidence 503 succinctly states the attorney-client privilege, a fundamental principle of our profession, “founded upon the necessity, in the interest of administration of justice…, which assistance can only be safely and readily availed of when free from the consequences or the apprehension of disclosure.” Hunt v. Blackburn, 128 U.S. 464, 470 (1888). Section 261.101(c) directly addresses the conflict between the principles of privilege and protection of children, stating that “[t]he requirement to report under this section

applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney…”. A prosecuted case would require corroboration of reported information and an attorney would not have to testify against a client, but the initial reporting requirement expressly supersedes the privilege. Tex. Fam. Code §261.202. Chapter 261 does not contain as definitive a response to the potential dilemma between mandatory reporting and the more expansive ethical duty of confidentiality enumerated in Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct, which encompasses both privileged and unprivileged client information. The ethical rule itself, however, includes exceptions that provide guidance. Subsection (c)(4), in particular, allows for, though does not require, disclosure of information if the lawyer believes it necessary to comply with another law. Comment 22 to the Rule does not address the precedence of any particular law, but notes that attorneys should be protected from discipline if they act on a reasonable belief as to the effect of a law. Though our actions as attorneys are informed by obligations from a variety of sources, there is a navigable path that allows the ethical lawyer to honor all of his duties, even as it requires steering around a significantly sized crocodile or two. For mandatory reporting, the path, in sum, is this: our ethical rules permit us to reveal otherwise confidential information in response to a law that mandates breaching the principle of privilege. HN Mathew Martinez is an attorney at CitySquare L.A.W. Center. He can be reached at mmartinez@citysquare.org.

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Sept e mb e r 2 0 1 6

Focus

D al l as Bar A ssoci ati on l Headnotes 19

Family Law

Surrogacy Contracts and the Texas Family Code BY KELLY MCCLURE AND ROBERT EPSTEIN

With an increasing number of people marrying later in life and therefore having children later in life, infertility treatments (including surrogacy contracts) are becoming increasingly popular. Texas is known as one of the few “surrogacy friendly” states, and it was one of the first states to enact a body of laws to govern the surrogacy process. In Texas, the type of surrogacy that is permitted and regulated is where the woman carrying the child is not the biological mother of the child. This is the only type of surrogacy allowed, because it is complicated and emotional when a surrogate mother is both the biological mother and the gestational mother. Many stories in the news have documented the perils and ethical concerns of using a biological mother as a surrogate, and the use of purely gestational mothers decreases the possibility that a biological/ gestational mother will be unwilling to relinquish the child to unrelated intended parents after the child is born. With other forms of assisted reproduction, such as sperm and egg donation without a surrogate, Texas law is quite simple: a sperm or egg donor is not a legal parent of a child conceived by means of assisted reproduction. Instead, the parents who consent to the assisted reproduction will legally be the child’s parents. Surrogacy, however, is more complicated, because even in Texas where a surrogate cannot be a biological mother, the surrogate mother and the child are undeniably connected through the pregnancy and birth of the child. To protect the rights of both nonbiological parents and surrogate mothers

and to bring certainty to the surrogacy process, Texas enacted a proposed set of national standards known as the Uniform Parentage Act to regulate gestational agreements (or surrogacy contracts) from inception to conception and through the birth of the child. These laws can apply to any gestational agreement where either the mother carrying the child or the intended parents reside in Texas. Under the Texas Family Code, gestational agreements will start with two intended parents, a gestational mother, her spouse if she is married, and potentially sperm and egg donors (if the intended parents do not supply the sperm, egg, or both). The intended parents will be the legal parents of the future child and must be married. To enter into a valid gestational agreement in Texas, the intended parents must show that they are medically incapable of carrying a pregnancy to term or giving birth to the child without unreasonable risk to either the mother’s physical or mental health or to the health of the unborn child. Usually, the intended parents will also have to undergo a home study, similar to the home study conducted by adoption agencies, before they can enter into a lawful surrogacy contract. Gestational mothers are typically arranged through a surrogacy agency, but could also be a friend or family member of the intended parents. The gestational mother she must not supply the egg, must have had at least one previous pregnancy and delivery, and the Court must find that carrying another pregnancy to term and giving birth to another child would not pose an unreasonable risk to the child’s health or the physical or mental health of the prospective gestational mother.

Gestational mothers have two important and clearly defined rights in Texas: 1. Health rights: A gestational agreement may not limit the right of the gestational mother to make decisions to safeguard her health or the health of an embryo; and 2. Limited ability to terminate the agreement: A prospective gestational mother (and her husband if she is married) may terminate a gestational agreement before she becomes pregnant even if the agreement has already been validated by the Court. After the gestational agreement is signed, the parties to the agreement must file a petition and set a hearing to validate it. Assuming the Court chooses to validate the agreement, the Court will render an Order declaring that any children born under the gestational agreement will legally be the children of the intended

parents (rather than the children of the birth mother). These legal steps provide legal and contractual safeguards to build trust into the surrogacy process. Surrogacy and assisted reproduction can be great options for many reasons— whether the parents are a same-sex couple, medical issues prevent a mother from carrying a baby, or if either parent is concerned about passing down a genetic disorder or defect. For anyone thinking about growing a family through surrogacy, keep in mind that the legal process is just as essential as the biological process. With so many moving parts and steps, a skilled legal team can guide intended parents through this newly charted territory with peace of mind, which allows the parents to focus on the excitement of bringing home a new child. HN Kelly McClure is CEO and Managing Partner of McClure Law Group, PC, and can be reached at 214-692-8200.

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20 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016

A Business Owner’s Premises Liability Regarding Open Carry BY SKYLER M. HOWTON

Texas law is relatively settled regarding a business owner’s premises liability for the criminal acts of a third party. Generally, a property owner owes invitees a “duty to use ordinary care to reduce or eliminate an unreasonable risk of harm created by a premises condition about which the property owner knew or should have known.” Del Lago Ptnrs. v. Smith, 307 S.W.3d 762, 767 (Tex. 2010). But, the “premises owner has no duty to protect invitees from criminal acts by third parties” unless the one who controls the premises “knows or has reason to know of an unreasonable and foreseeable risk of harm to the invitee.” Id.; see also Timberwalk Apts. v. Cain, 972 S.W.2d 749, 756 (Tex. 1998). To determine reasonableness and foreseeability, a court will look to the proximity, regularity, frequency, similarity, and publicity of previous criminal conduct. Timberwalk, 972 S.W.2d at 757. If the court concludes that the act is foreseeable, it may find the business owner owed a duty of ordinary care to

its invitees to protect them from the thirdparty crime. Id. Texas law has changed recently regarding a private individual’s ability to carry openly a firearm, and business owners have indicated concern over whether the new law will affect premises liability law in Texas. Fortunately for business owners, when applying the settled law to this new factual scenario, premises liability is not likely increased by the business owner’s election to allow or ban the open carry of firearms. The business owner will be legally compliant in its election to allow weapons and acting reasonably should the business owner ban weapons. A person may obtain a license to openly carry a hand gun pursuant to Texas Government Code, Subchapter H, Chapter 411. Without answering the controversial questions related to open carry, Texas law does authorize licensed individuals to conceal or openly carry weapons onto businesses. And, it is unreasonable to argue that a business owner creates a duty to protect invitees when the business owner complies with such law.

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A business owner may choose to prevent concealed or open carry on its property by following the notice and signage procedures under Texas Penal Code Sections 30.06 and 30.07. Tex Penal Code Ann §§ 30.06, 30.07 (West 2016). When analyzing only Section 30.06 (before Section 30.07 was enacted), the Texas Attorney General concluded that banning the concealed carry of weapons does not make a business owner “liable for injuries to a patron inflicted by a license holder carrying a concealed handgun” because “a trier of fact would likely conclude that the business owner or operator had taken reasonable steps to prevent the injury by posting the sign prohibiting the carrying of concealed weapons to the premises.” Tex. Att’y Gen. Op. No. DM-363 (1995) at 12. Though an older opinion and not directly applied to the new law, the same reasoning likely applies for business owners banning open carry on their premises today. If the business owner secures the property and bans openly-carried firearms, it is likely a court will find the business owner not lia-

ble for the injuries to its customers inflicted by third persons. The court will also consider the reasonable measures taken to prevent crime, and the reasoning behind the 1995 Attorney General Opinion gives the business owner incentive to post the large signs prohibiting the open carry of weapons as described in Tex Penal Code Ann § 30.07(c)(3)(B). Posting signs could be seen as a “reasonable step” to prevent the injury of patrons, and the Attorney General seems to suggest that notice may be a factor in considering whether a business owner has met the duty of ordinary care to protect its patrons. Texas law has enlarged how a license holder may carry, but Texas law has not enlarged where a license holder may carry. Thus, it appears Texas law has also not enlarged the liability on business owners when a third-party commits criminal conduct on the premises against invitees. HN Skyler M. Howton is an associate at K&L Gates, LLP and can be reached at skyler.howton@klgates.com. She thanks her ﬁrm’s summer associate, Haley King currently enrolled at SMU Dedman School of Law, with her assistance in preparing this article.

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Focus

D al l as Bar A ssoci ati on l Headnotes 21

Family Law

Appealing? Read This Before Accepting Beneﬁts of the Decree BY BETH M. HEARN

Under the Acceptance of Benefits Doctrine, a litigant cannot treat a judgment as both right and wrong. Appealing a judgment after adopting it as right is considered “inconsistent” and may result in the dismissal of the appeal. This doctrine frequently arises in divorce cases when a spouse uses property awarded to her in the divorce while appealing the divorce judgment’s division of property. The burden is on the appellee to prove that the appellant is estopped from moving forward with an appeal by the doctrine. Once proven, the burden shifts to the appellant to establish one of the two exceptions to the doctrine: 1. the entitlement exception, which applies when the appealing party accepts nothing more than what he or she would

be entitled to receive on retrial; and 2. the economic necessity exception, which applies when the acceptance of benefits is not voluntary because the appealing party is driven to accept benefits out of economic necessity. Under the entitlement exception, the appellant’s right to the benefits accepted must be unquestionable, which is difficult to establish. The entitlement exception will apply when, upon remand, the trial court could not divide the accepted benefit differently than it had in the judgment being challenged. Courts are more likely to apply this exception when the accepted benefit is only cash. The economic necessity exception only applies when the acceptance of benefits was not voluntary but was necessary because of financial distress or other economic circumstances. To establish the economic necessity exception,

the appellant may file an affidavit that includes the following information: • All sources of income available to appellant. • Assets available to appellant. • Evidence of attempts to borrow funds. • Evidence of actions taken to satisfy debts without accepting the benefits of the judgment. • All expenses that appellant is required to pay. ° Necessities of life: • To support appellant • To support appellant’s children. ° Specific costs and bills; cannot be conclusory—cannot simply say “living expenses, food, clothing, rent, and insurance.” • Explanation that use of funds was due to financial duress/distress and that without the use of the funds in

question, appellant would be “without sufficient funds to provide the necessities of life.” • Accounting for use of all property used from judgment. Trial lawyers should warn clients of the pitfalls of accepting the benefits of a judgment, and warn them early in the representation to avoid any later confusion. If the appealing party has accepted the benefits of a judgment, the cards are stacked against her. Appellees should be aware that the acceptance-of-benefits doctrine could help get the entire appeal dismissed. Appellants should be wary of accepting anything awarded them and be prepared to defend the reasons for any acceptance if pressed. HN Beth M. Hearn is a solo practitioner and Of Counsel to Georganna L. Simpson, P.C. She may be reached at beth@bhearnlegal.com.

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22 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016

The LawPay Security Series: Security Step 2 BY AMY MANN

Your network, PC, email, and many applications have one critical element in common: they are only as secure as the password you created for them. And security researchers have consistently found (and data dumps from breaches have documented) that a majority of people reuse the same password for many, if not most, applications. A single insecure website that exposes your password in a data breach could be all an attacker needs to gain access to many accounts critical to your practice and/or your personal life. How can you protect yourself? Start with a trusted password manager application, such as 1Password or Keychain on Mac OS. A password manager provides a secure way to store and find all your passwords, and only requires you to remember a master passphrase to gain access. Basic password managers work with a single computer, encrypting passwords on your hard drive; more

sophisticated versions allow you to securely share your passwords between multiple computers and devices including mobile phones and tablets. When you first setup your password manager, you will need to choose a strong but memorable passphrase. A passphrase is basically a stronger, more complicated

• Contain at least 12 or more letters, numbers, or symbols (the longer, the better) • Not a word in any language, slang, dialect, or jargon • Not based on any personal information such as names of family or pets, or important dates

password. Strong passphrases have the following characteristics: • Contain both upper and lowercase letters • Have digits and punctuation symbols as well as letters

As you create new accounts for sites you visit or applications you use, add a new entry in your password manager. Name the entry after the site, include your username, and use the password manager to generate a password. Most will let you choose the length and complexity of the password to meet any rules imposed by the site, such as allowed special characters. Some accounts may require you to provide answers to security questions to reset a forgotten password. Unfortunately, most sites ask the exact same questions and may not adequately protect the answers. If the account requires you to answer security questions, use the password manager to generate your responses as well. Remember to include the security question in the password entry (for example “First pet’s name: 3TFhJzbNdnYN1SMXW7q4”). Another step you can take to dramatically strengthen access to your critical systems is to enable multi-factor authentication (also known as MFA

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or two-factor authentication). MFA is available on many sites, and protects you by requiring both your password and a code to access your account. The access code is typically texted to you or provided by an app on your phone such as Google Authenticator, and changes with each use. Without access to both your phone and your password, an attacker is prevented from gaining access to your account. In short, it is very important to remember that your accounts are only as strong as the password you created for them. A trusted password manager is a great way to organize, secure, and diversify your passwords. Lastly, in cases where even stronger security is required for your systems, enabling multi-factor authentication may just be your saving grace. After spending some time improving your firm’s passwords it will be time for you to take a deeper look at another potential weak security area in your firm, the Wi-Fi network.

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Sept e mb e r 2 0 1 6

Focus

D al l as Bar A ssoci ati on l Headnotes 23

Writing on Writing

The “Secret Sauce” for Brief-Writing — Part 1 BY SCOTT P. STOLLEY

Secret sauce. The essential (but perhaps largely unknown) ingredient required for success. —The Online Slang Dictionary Having practiced appellate law for many years, I have discovered that the “secret sauce” for first-rate brief-writing is deceptively simple. There are only three secret ingredients—time, clarity, and credibility. Other ingredients are certainly part of the brief-writing recipe. But these three are what distinguish a five-star brief. In this article, I will discuss the first ingredient, saving the others for follow-up articles.

Time as an Ally

As the quip goes, time is what keeps everything from happening at once. To be sure, nothing about brief-writing happens at once. There is a definite timeline for the process. And time is an ally in that process, if used well.

Time to Read

You should start every writing project by reading the pertinent parts of the file. But if the project is an appellate brief, you must read and digest the entire trial record, both the clerk’s record and the reporter’s record. It is not sufficient to read summaries. You cannot get a proper feel for the case by perusing someone else’s synopsis. Also, it is surprising how many times I spot things in the file that the prior lawyers missed. A fresh set of eyes can be invaluable. Next, you need to read the applicable law, including pertinent statutes, rules, and cases. Other lawyers can, of course, find that law for you. But again, relying on someone else’s summary is treacherous. Take the time to read and understand the law yourself.

Do this even if a lawyer on your team is an expert in the pertinent substantive law. More than once, I have disagreed with a renowned expert’s legal analysis. Not that I am smarter, but with fresh eyes and an appellate lawyer’s mindset, I try to visualize how an appellate panel will view the case.

Time to Think

Any lawyer can do the mental labor of reading the file and the law. The differentiator is taking time to think about the case—to analyze the case thoroughly and develop an outline for your arguments. As famed professor Irving Younger said, “Flag a patch of bad writing and you’ve spotted a mess of bad thinking.” You must spend ample time analyzing your case before you can write a compelling brief. Without this solid foundation, your brief will topple. James Thurber is quoted as having said that the hardest thing was convincing his wife that he was working while staring out the window. When planning your brief, stare out the window as long as it takes to understand your case and all of its nuances.

Time to Write

When your planning reaches the point of diminishing returns, it is time to write. This, too, is a time-consuming process. As writing professors Tom Goldstein and Jethro Lieberman said, writing a brief is a “messy hunt for a solution.” So your thinking process must continue during the writing stage. As you struggle to type the right words on the screen, you will simultaneously struggle with forging the right path for your arguments. Your outline will map out the initial path, but in your “messy hunt,” you might find that the solution actually goes down a different path.

Time to Edit

Justice Louis Brandeis famously said that “There’s no such thing as good writing— there’s only good rewriting.” You cannot produce a coherent, impactful brief in one draft. Take the time to edit the brief multiple times. The goal is to make the court’s job as easy as possible. But this comes only with great effort on your part. You must do the hard work, not shift it to the court. As Nathaniel Hawthorne said, “Easy reading is damn hard writing.” There is no substitute for doing hard time—writing and editing the brief until it shines.

ics) essentially says that to become a worldclass expert in a field, you must invest 10,000 hours of deliberate practice in that field. Translated into the appellate world, this means that you have to invest significant time in learning to write. You have to practice your writing—a lot—before you will become a top-notch brief-writer. And here is a covert fact that distinguishes appellate lawyers: A smart appellate lawyer can learn a new area of substantive law much faster than a trial lawyer can learn to write well. It takes a dedicated lawyer to become an accomplished brief-writer.

Time to Learn

Conclusion

Spending that kind of time on a brief is not sufficient by itself. Instead, to write a superlative brief, most lawyers also need training. In his book Outliers: The Story of Success, Malcolm Gladwell posited the 10,000-hour rule. This rule (which is not without its crit-

In brief-writing, time is a secret ingredient. Investing in your writing, and investing sufficient time in a brief, will produce the best results in the appellate kitchen. HN

Scott P. Stolley is a partner with Cherry Petersen Landry Albert LLP. He can be reached at sstolley@cplalaw.com.

Report from Austin: What’s Going On Of Interest to Senior Lawyers Monday, September 19, Noon at Belo | Ethics 1.00 Frank Stevenson, President, State Bar of Texas Wm. Frank Carroll, Director, Texas Board of Legal Specialization Sale of Law Practices, Retention of Files, CLE requirements, et al. Learn what’s going on at the State Bar of Texas that impacts senior lawyers, as well as resources available to senior lawyers from the State Bar. Frank Carroll will tell us about some exciting proposed changes in specialization aimed at senior lawyers. You won’t want to miss this!

24 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016

DBA Athletic Director

Immediate Opportunities to be Young(er) BY KENNETH G. RAGGIO

Prior columns have mentioned what other lawyers have done in the past that inspire us all. This column is about what you can do now to inspire yourself and others. DAYL Freedom Run, September 24th, Trinity Groves. The Dallas Association of Young Lawyers (DAYL) has sponsored the Freedom Run 5K for the past 15 years. This year marks number 16, and nearly 200 lawyers, including teams/sponsorships from more than 20 Dallas law firms, will participate. In addition to the DAYL Committee of 12 that executes the run, there are another 60 lawyer volunteers on race day to help make the event run smoothly. Proceeds from the event benefit the Dallas Assist the Officer Foundation, raising more than $300,000 since 2002. It is a perfect opportunity for a lawyer either to volunteer and have fun and connect with other lawyers, it is also an opportunity to walk the one-mile or walk/run the 5K as part of an overall fitness goal or plan.

The Freedom Run is a very well run race, and one of the three I try to do each year, the others being YMCA Thanksgiving Turkey Trot 5K and the Katy Trail 5K in May. Register for the event at www.freedomrun. com. Just do it—for yourself, for the fellowship, or for the charity. Contact DAYL Executive Director Cherie Harris to volunteer or for more information about the race. DAYL Basketball Leagues. For decades, the bar has sponsored athletic leagues in football, basketball, softball, and occasionally other sports such as soccer. Last winter, there were two 12 team basketball leagues, one playing on Tuesday evenings, the other on Thursdays, both at the downtown YMCA. The leagues, which are coed, will be forming again soon, and Commissioner Jordon Campbell will help you field a team or find you one to play on. By the way, the defending league champs from last year are the Kelly Law firm and Pennington & Young. And many players are still playing in their 40s! DAYL Softball Leagues. The two softball leagues, one coed and one men’s, will

Photo 1

likely be in their double elimination playoffs when this is published. Ladies: the coed team rules require that a minimum of three women be on the field out of the minimum of eight required to start the game. So there is an opportunity not only for exercise, but for comradery as well. Many large firms in town field coed teams and there are also “pickup” teams in the 12 team coed league this year. The men’s only league is more competitive than the coed leagues, because many lawyers on the teams, such as defending champs Dedman Walked (successor to their law school team Dedman Walking), have had league play softball as a base for exercise and out-of-the-office comradery for many years. Another option is “pickup” or self-selected teams.” Commissioner Matt Daniel reports these leagues are another excellent way to meet lawyers and to get exercise. Hopefully, one will get more exercise than a bicep curl raising a drink after the games. And if you looked at the July Texas Bar Journal, you can see that the memories and comradery that started with such teams can last for decades.

Photo 2

A multi-office national law firm is seeking Attorneys for its Dallas Office. Litigation department is looking for Attorneys in the following areas: Professional Liability Defense, General Liability, Workers Compensation Defense, Construction, and Employment Liability Defense. Corporate Law, Commercial Litigation and Financial Services departments are looking for Attorneys with experience handling securities and broker dealer matters, international and domestic taxation, bankruptcy, real estate, intellectual property, international law, corporate structure, asset protection, land use, and mergers and acquisitions. Portable book of business is a plus. Also seeking 1-4 year Associates. Email resume to RESUME@QPWBLAW.com

None of these DAYL activities are limited to young lawyers; the limits are only what any lawyer (or law office staff member) decides his or her limits are. Get out there! Big D Climb, January 28th, Bank of America Tower. This event supports the Leukemia & Lymphoma Society. As shown in a previous column, several law firms participate in this event. It is a fitness goal—or checkpoint—for many, whether they take 15 minutes or 45 minutes to climb the 70 flights. You can do it! This year DAYL and the DBA hope to sponsor a team to climb, and DBA President Jerry Alexander has promised to do if YOU do! As has DAYL President-Elect Paul Simon! And if Jerry can do it, you can do it! (Paul’s a jock; this is cross training for him.) So let’s help Jerry be Younger Next Year! Contact athletics@dallasbar. org for more information, or to suggest someone/something to cover in a future column. HN Kenneth G. Raggio is a partner at Raggio & Raggio, P.L.L.C. and can be reached at kenneth@raggiolaw.com.

Sept e mb e r 2 0 1 6

Focus

D al l as Bar A ssoci ati on l Headnotes 25

Family Law

Who’s Your…Parent? BY L. BRADLEY JOHNSON

Legal vs. Biological Parent Biological parentage is easy to establish these days: a DNA test can indicate with 99.999 percent probability that an adult and a minor are parent and child, or it can rule out the possibility that a particular adult and child are related. However, establishing the legal relationship between an adult and a minor can get a lot more complicated.

Mothers Until recently, there was virtually no question about motherhood; if a baby was conceived and gestated in your body and you delivered it, you were the legal as well as biological mother. With few exceptions, that’s still true, but today there are alternatives like surrogate mothers who carry and deliver someone else’s baby and in vitro fertilization (IVF) techniques that allow a woman to carry a baby that might result from a variety of combinations of egg and a sperm donors and science only continues to multiply the options. Because the

law is generally slower to change, it does not always have provisions that adequately cover new circumstances. In the case of surrogate mothers, Texas law provides that if there is a written agreement, between a woman and the intended parents of a child, the birth mother can relinquish her rights in favor of the intended parents. However, this must be a formalized, written agreement in effect BEFORE the pregnancy begins. If a woman has a baby during a marriage to a man, the law presumes that the husband is the father. But after the Supreme Court’s decision in Obergefell, a woman having a baby in Texas may be married to another woman. Is that wife presumed to be the other parent? If one wife provides an egg that is fertilized and implanted into the other wife for gestation, are they both presumed to be legal parents? This is such a new development that there are no court decisions or written law that address this question. If you are a woman married to a woman who is having a baby, it is safest today to go through the process of adoption to make sure you have equal parental rights and responsibilities.

Fathers Because the law “does not like uncertainty,” husbands have historically been presumed to be the fathers of any children born during (or within 300 days of the end of) a marriage. A man may also be presumed to be a parent if he meets any of the other conditions of Texas Family Code section 160.204, including living continuously with the child for the first two years of the child’s life and representing to others that he is the father. That has not changed, but that presumption can now be challenged or overcome. If both parents and the biological father complete an Acknowledgement of Paternity (AOP), the biological father becomes the legal father of the child. If one or both of the spouses do not agree to complete an AOP, the biological father can in many cases file suit to establish paternity, and ask for a DNA test; if that confirms he is the father, he can ask a court to declare him the legal father. On the other hand, if a man is alleged to be the father of a child or presumed to be the father, he can file a denial of paternity with the Bureau of Vital Statistics, and/or request DNA testing to confirm or rule out that he is the biological father. If

he is not the biological father, a court can find that he has no legal responsibility for the child. It is important to note that a presumed father must challenge his paternity before the child’s fourth birthday, unless (a) he and the mother did not live together or engage in sexual intercourse during the time of possible conception, or (b) he was precluded from challenging earlier because he was operating under the mistaken belief that he was the biological father because he was misled into that belief. With legal fatherhood, too, Obergefell raises some questions that the law has not answered yet. If a man fathers a child while he is married to another man, is the other husband a “presumed father” to the child? Until the legislature sorts out questions like these, it would be wise for the non-biological father to go through the adoption process to ensure his parental rights. If you are facing an unusual parentage case, make sure you search for recent rulings that may guide you, because this is still one of the frontiers of family law. HN L. Bradley Johnson is a family law attorney at Bailey & Galyen. He can be reached at bjohnson@galyen.com.

Interview with a Legal Legend

Professionalism Tip

Thursday, September 22, Noon at Belo | Ethics 1.00

I will refrain from excessive and abusive discovery. Excerpt from the Texas Lawyers Creed Find the complete Creed online at http://txbf.org/texas-lawyers-creed/.

Speakers: Hon. Royal Furgeson, UNT Dallas College of Law Interviewed by Ashley Jones, UNT Law College of Law Student

Presented by the DBA Transition to Law Practice Program

Photo courtesy of the Storey Collection

THE NUREMBERG TRIALS: 70 YEARS LATER

Panel Sponsor

featuring the Storey Nuremberg Collection October 24, 2016 | 4:00-7:00 p.m. Fairmont Dallas | 1717 N Akard Street, Dallas

Join The Center for American and International Law (CAIL) for an educational event and reception commemorating the 70th anniversary of the Nuremberg war crimes trials. Hear from a panel of experts in international criminal law moderated by Lee Cullum of KERA and view the Storey Nuremberg Collection. This exhibit is comprised of artifacts that CAIL founder and SMU Law School Dean Robert G. Storey collected during his time as executive trial counsel to Justice Robert H. Jackson in the prosecution of Herman Goering, Rudolf Hess and other high-ranking Nazi oűcials. Personal items from fellow Dallas attorney George E. Seay, Sr., a prosecutor at the Nuremberg trials, will also be on display. Special thanks to the Storey and Seay families.

Permanent Storey Nuremberg Collection Sponsor

and Harriet E. Miers Reception Sponsor

Event Sponsors

Community Partners: Dallas Bar Association • Dallas Historical Society • Dallas Holocaust Museum/Center for Education and Tolerance • SMU Dedman School of Law • SMU John Goodwin Tower Center for Political Studies

Tickets start at $50 per person (student rate $25). Learn more at cailaw.org/nuremberg or call 972.244.3419.

26 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

Septem ber 2016

September

FROM THE DAIS

Florentino A. Ramirez, of Ramirez & Associates, P.C., presented a program on “Agency and Distribution – How to Sell in the U.S.” to the International Chamber of Commerce – Italia, in Milan, Italy.

KUDOS

College of Commercial Arbitrators. Florentino A. Ramirez, of Ramirez & Associates, P.C., was appointed to serve a three-year term on the Texas Bar Foundation Board of Trustees. Rick Illmer, of Husch Blackwell, has been appointed Managing Partner of the Dallas office.

Michelle Schulz, of Gardere Wynne Sewell LLP, has been named co-chair of the international practice group for the firm.

Suzanne M Duvall, of Burdin Mediations, has been appointed to serve as Chair of the State Bar of Texas Professionalism Committee.

Jim Mueller, of Verner Brumley McCurley Mueller Parker PC, was selected as a member of the American Academy of Matrimonial Lawyers.

Ann Saegert, of Haynes and Boone, LLP, has been awarded the 2016 Distinguished Real Estate Attorney Lifetime Achievement Award by the Texas Bar Association’s Real Estate, Probate & Trust Law Section.

Deborah Hankinson, of Hankinson LLP, has been selected as a fellow of the

Mark L. Hill, of Scheef & Stone LLP, has been elected as the President of the Collin County Bar Association effective July 1, 2016, for a one-year term. Mark Sales, of Diamond McCarthy, LLP, has been elected President-Elect of the Metropolitan Bar Caucus. Bruce Bowman Jr. and Jenny Martinez, of Godwin Bowman & Martinez PC, formerly Godwin PC, have been named shareholders. Ken Raggio, of Raggio & Raggio, was awarded the Joseph McKnight Best Article Award for family Law Cle for his article “Electronically Stored Information A-Z: Acquire, Evaluate, Admit” presented to the State Bar’s Advance Family Law Course in 2015. Brian Webb, of Webb Family Law Firm, P.C., has been appointed to the Texas Board of Legal Specialization Board of Directors. Frank Carroll, of Dykema Cox Smith, has been appointed to the Texas Board of Legal Specialization Board of Directors.

x x x x x

Networking Leadership skills development Speaking opportunities Involvement in CLE program planning Service to the community

Colin P. Cahoon, of Carstens & Cahoon, LLP, has authored a newly released novel “The Man with the Black Box.”

ON THE MOVE

David Denton has joined Brown Fox PLLC as Partner.

Elizabeth Brandon has joined Barnes & Thornburg’s Dallas office as Partner. Lana P. Beverly and Whitney L. Warren have joined Deans & Lyons as Associates. J. Edward Johnson and Patrick Rose have joined Kane Russell Coleman & Logan, P.C. as Associates. Treyson Brooks has joined Verner Brumley McCurley Mueller Parker PC as Associate. Jaspal Hare and Jacob Sparks have joined Spencer Fane LLP. Jennifer Edgeworth has joined Macdonald Devin P.C. as Shareholder. Frank E. Sheeder III has joined Alston & Bird as Partner. Stephen Blackburn has joined Standly Hamilton, LLP as Partner. David Burton and Dennis Cassell have joined Scheef & Stone, L.L.P. as Of Counsel. Loewinsohn Flegle Deary LLP and Simon, Ray & Winikka LLP have merged to form Loewinsohn Flegle Deary Simon LLP. 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

Consider joining your colleagues in service to the DBA and the community by joining a Committee in 2017! Go to www.surveymonkey.com/r/Committees2017 to submit your preferences. The President will notify you of your appointment in January.

On Friday, July 15, the DBA and its Sister Bar Associations held a Unity Luncheon honoring the fallen Dallas Police officers. In attendance were (top, left to right) Ashlei Scott, DBA President Jerry Alexander, Reverend Bryant Phelps and his wife Courtney Phelps. Representing the Dallas Area Rapid Transit was (bottom center) Officer Brent Thompson, shown with Mr. Alexander and DBA President-Elect Rob Crain.

Sept e mb e r 2 0 1 6

Classiﬁeds

D al l as Bar A ssoci ati on l Headnotes 27

September

EXPERT WITNESS

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) 6659458 or Houston (713) 513-7113. troney@ thomasroneyllc.com. “We Count.” Economic Damages Experts – HSNO is the Forensics Firm. The Dallas office of HSNO has five CPA testifying experts who specialize in the calculation of economic damages in areas such as commercial lost profits, personal lost earnings, business valuations, property damage, insurance litigation, intellectual properties, commercial litigation, contract disputes, bankruptcy, and fraud. HSNO is qualified in most industries including, but not limited to, energy (offshore and onshore), manufacturing, hospitality, service, insurance, transportation, entertainment, product liability, construction and construction. HSNO has 17 U.S. offices and offices in London and Mexico. Contact Peter Hagen or Karl Weisheit at (972) 980-5060 or HSNO.com.

OFFICE SPACE

Downtown Dallas – Two window offices and secretarial space available, in the historic KATY Building overlooking the Dallas County Courthouses. Receptionist, notary, phone system, conference room, Wi-Fi, fax and copier provided for tenants use. No deposit or lease required. Please inquire at (214) 748-1948. Dallas High-Rise: All-Inclusive independent attorney ecosystem. Furnished window offices, dedicated workspaces, co-working space, virtual offices. Mail/ reception, conference rooms, coffee bar, media lounge. CLE/MGMT training, social events, instant referral network. 6-month minimum, 1st month free with 1-year agreement. Tour/info: (214) 8657770. www.attorneyvenue.com. North Oak Cliff/Bishop Arts. 450 sq ft space for lease in charming North Oak Cliff/Bishop Arts area. Historic building located off Davis/Winnetka Ave, next to Kessler Theater. All bills & parking included. Please call (214) 701-5730. Turtle Creek Blvd. – executive office space available for lease in a professional,

legal environment. Two large offices available to share with experienced and established lawyers. Separate areas available for assistants or para-professionals. Three bench seat spaces available for daily or short-term use if desired. Referrals and other case arrangements are possible. Amenities include reception area, telephone, fax and copy machines, conference room, kitchen area, covered visitor parking, and free office parking. Location convenient to Dallas courts, downtown and all traffic arteries. Please contact Judy at (214) 7405033 for a tour and information. Turtle Creek - Uptown. Gorgeous Brand New Class A Fully Furnished Office Available In Prestigious Turtle Creek/Uptown Dallas Building. Parking, Gym, 24/7 Security, Internet, Phone, Club Lounge, and More. For more information email mn7054a@ american.edu. Pictures/tour available. Uptown - Executive Office space available for lease in a professional Legal environment, in uptown. Share office space with experienced and established lawyers. Case referrals and other case arrangements are possible. Amenities include: Bi-lingual receptionist, fax and copy machines, two conference rooms, two kitchen areas, and plenty of free parking. Location is convenient to all Dallas Courts and traffic arteries. Please call Rosa (214) 696-9253 for a tour. Uptown Dallas. Elegant 1200 square foot four office suite with reception area and extensive file room storage room with built-ins. Available August in small office building near Crescent with tall ceilings, large windows and other amenities. Contact jackcirwin@earthlink.net or (214) 855-0127. 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. 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. North Dallas - LBJ Freeway. Law Firm – North Dallas - For Lease: Professional office space, 7616 LBJ Freeway, offers conference room, receptionist, Internet service, lobby kitchen, parking. Available 8/30/16. Email Amy at arobinson@ englishpllc.com or (214) 528-4300.

FREE MCLE One of the many Member Beneﬁts that the DBA offers is more than 350 continuing legal education (CLE) courses each year, most of which are offered at no charge. Join now at www.dallasbar.org.

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 Central at Meadow Road. Thinking about leaving your law firm and looking for office space? Officing on your own and looking for new space? Consider officing with PlusAssociates LLP, a Multidisciplinary Professional Services Group of Firms. If your area of practice complements those that are currently provided at PlusAssociates LLP, this may be the perfect place for you. Our current firms provide the following services: Tax Planning, Tax Return Preparation and Asset Protection (Bruce E. Bernstien & Associates), Commercial Collections, Wills and Trusts (Law Office of James R. Alexander), IRS Controversies, Wills and Trusts (Law Office of Stanton D. Goldberg), Financial Planning, Investments, Insurance, Estate Planning and Retirement Planning (Lora J. Hoff Financial Planning - CFP), Real Estate Investments (Trendview Real Estate Services - Carl Cross), Commercial Litigation (Cole & Cole, P.C. - Robert R. Cole, Jr.), Estate Planning, Probate, Wills and Trusts (John Paul Kelly, PC), Financial Statement Consulting (Donald A. Key), Real Estate, Business Law and Commercial Law (Law Office of David B. Giles, Jr.), and Bookkeeping/Accounting (Watkins, Raine, and Associates, L.P. Terra Raine). Several offices are available with conference rooms, kitchen, fax machine, copier, scanner, phone service, high-speed Internet, email, voicemail, free covered parking and Dart Station nearby. Meadow Park office building is at Meadow Road and North Central Expressway. Join us and take advantage of being associated with a growing group of firms with many opportunities for referral of clients to your firm. Call (214) 706-0837.

OFFICE SPACE WANTED

Do you have an extra office? Solo attorney with trial support practice seeks office space, preferably in the North Dallas area, but will consider other locations. Call (972) 243-8444.

POSITIONS AVAILABLE

Litigation Attorney. Medium-sized, North Dallas law firm is looking to fill two (2) full-time attorney positions. Litigation Attorney: Candidate should have two to four years of experience in insurance defense litigation and have excellent written and verbal communication skills. Litigation Attorney: Candidate should have six to ten years of experience in insurance defense litigation. Experience in handling complex cases and first party cases is preferred. The candidate must have excellent written and verbal communication skills. Submit cover letter and resume to: Dallas

Bar Association, Box #16-09, 2101 Ross Avenue, Dallas, TX 75201 or email to: BoxHolderClassified@dallasbar.org. Join growing Dallas firm. Great new firm with excellent opportunity for growth and profit seeks experienced lawyers to join our North Texas practice. Opportunities include working remotely or in our downtown Dallas office. Better compensation model, better technology, better opportunity. See our recruiting website and video at careers.emmertparvin.com. Family Law Attorney. North Dallas midsize AV rated litigation firm seeks a seasoned family law attorney ready to work in a fast paced environment dealing with contested and complex cases. Will consider candidates at the partner level who possess an existing book of business or associates with 10+ years of experience. Ideal candidates will have team management and leadership skills, be highly motivated, organized and able to respond to client needs immediately. Competitive compensation package and benefits. Interested candidates should submit their resume and cover letter to Connie Womack at cwomack@fflawoffice.com. Palmer & Manuel, LLP, a 14 attorney firm in Campbell Centre, seeks one or two experienced attorneys with established practices to join our family law team and/or our general civil practice group. Work with us, not for us. Our formula based compensation system allows attorneys to keep a substantial portion of their fees. See our website at www. pamlaw.com or contact Steve Palmer or Rebecca Manuel at (214) 242-6444. Dallas family law boutique firm seeking associate attorney with 3-7 years of experience. Essential qualities: humble and willing to learn, self-motivated, strong interpersonal and litigation skills and works well in purposeful, dynamic team environment. Send resume in confidence to dreeves@gbfamilylaw.com.

SERVICES

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. Energy Acquisition(s): I buy any size royalty(ies), mineral(s) , working interest(s) and try to reach (and pay) the sellers asking price. I am a licensed attorney and have been making oil and gas purchases for 35 +/- years. E-mail to bleitch@prodigy.net or call Brenda at 1-800760-9890 or (214) 720-9890 for a friendly and quick analysis and response. Immediate Cash Paid For Diamonds and Estate Jewelry. Buying all types of jewelry and high end watches. Consignment terms available @ 10-20 % over cash. For consultation and offers please call J. Patrick (214) 739-0089. 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

28 H e a d n o t e s l D a l l a s B a r A s s ociation

Septem ber 2016