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Mike Henry 2014-2015 TCBA President and a proud sponsor of the Welcome Reception for the 2014 Texas Judicial Conference

Board Certified in Civil Trial Law and Personal Injury Trial Law

■ Mediation ■ Commercial Litigation ■ Oil and Gas Litigation ■ Construction Litigation ■ Breach of Contract Litigation ■ Wrongful Death and Personal Injury Litigation ■ Oil & Gas Injuries ■ Catastrophic Injuries ■ Trucking Liability ■ Construction Injuries ■ Products Liability ■ Automobile Injuries ■ Premises Liability ■ Governmental Liability




Michael J. Henry Attorney at Law, P.C. 817.877.3303 ■

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u o y k n a th



resident’s page

Happy 2015! I trust everyone had a happy holiday season.


anuary marks the beginning of the second half of the TCBA bar year, and we will be starting off with a lot of activities. January will see a number of Tarrant County judicial investitures that you should not miss. Check page 11 for by Mike Henry further details on each of these events. One i find particularly interesting is that of Judge David Hagerman. Back when people used leather helmets, David and i played football together at north Texas State university. if anyone would have told our coaches or professors that i was going to be President of the Bar Association and David was going to be a state district judge, there would have been mass laughter and fainting. i have been given the privilege of introducing David at his investiture. Suffice it to say that the content of the introduction is fairly limited when compared with my actual knowledge and potential content. editing will be difficult, but i anticipate making it PG. January will also celebrate the Tarrant County Bar Foundation (TCBF) on January 27 at the TCBF annual meeting and honor those volunteers who are invaluable in serving. Special thanks should be given by all of us to Bob Bodoin and Rick Sorenson and the other board members for the wonderful work that they do. Their programs are the envy of other bar associations and foundations in this state. As a matter of fact, i was in trial in lubbock recently and the judge has some similar programs that he works on in lubbock. He was very familiar with Tarrant County’s Texas lawyers for Texas Veterans program and with the wonderful work Judge Carr does. Most of our service and pro bono programs would not be possible were it not for these dedicated volunteers who range from the committed Tortfeasors gang to an assortment of lawyer, paralegal, court staff and law student volunteers, to mention a few. in February we will honor our 50-year lawyers with a luncheon. The speaker at the 50year luncheon in my estimation is one of the

highlights of the year. To hear good lawyers speak about changes in the practice in the last 50 years is amazing. i always learn something to help in my practice while listening to someone with that type of experience. Watch for the Court Staff Appreciation Reception coming up on March 19 at the TCBA offices. We always praise our trial bench in Tarrant County, and rightfully so. My legal research professor at Texas Tech was a man named u.V. Jones. He was somewhere north of 80 when he taught me, and i am sure everyone my age who went to Tech and who is reading this is smiling right now. His advice on our first day was, when you’re in trial, don’t worry about the judge or the bailiff, but at the first opportunity introduce yourself to and be absolutely courteous with and make friends of the court staff, be it coordinator or clerks. it was great advice and working with our coordinators and clerks is truly a pleasure and a blessing. i will see you all there. The always-humorous Tortfeasors one-night-only event will be held March 28 at the Fort Worth Community Arts Center. Proceeds from this event are responsible for funding most of the TCBF’s various community service projects. The People’s law School on April 10 will be one of the first community service events held in 2015, and if this year is like last year, will see record public attendance! The 22nd Annual Bench Bar Conference returns to Montgomery, Texas at la Torretta Resort & Spa on April 2426. This conference has always been well attended by the Tarrant County legal community. The conference is on lake Conroe, which has the added benefit of actually being a lake with water. Those of us in this neck of the woods are not used to full lakes, and we have to guard against just staring there in amazement at the water. This conference is a valuable source for forging lasting friendships, and allows a range of lawyers and judges to come together to engage in a unique networking and learning opportunity that most don’t find available anywhere else, and have a lot of fun doing it! We hope you have enjoyed the new format of the “Bulletin,” thanks to GG Park and Keith Crabtree of Park Place enterprises and Ameera Hallaq, Communications Director and Staff editor of the “Bulletin.” And thanks to all of you, our membership for all of the feedback concerning the availability of an online version in an easy-to-view format. i believe that times are changing, but the changes will be pleasing to all and slow enough to tolerate, and—believe it or not—will make everyone happy. ■


January 2015

TCBA BulleTin



Tarrant County Bar Association 817.338.4092 ■ Fax 817.335.9238 website: e-mail:


2014-2015 Officers



4 Tarrant County Bar Foundation Annual Meeting invitation 7 Free Marketing Seminar - January 23 10 2015 Tortfeasors’ Participants 15 2014 Holiday Party

Departments 1 President’s Page 3 100 Club Members 4 legalline 5 new Members 5 Bench Bar 22 6 YlA Snapshot 7 lawyers On the Move & in the news 7 Sharen Wilson - Oath of Office Ceremony 8 The Faces of TVAS 9 Transition to Practice 2015 11 Judicial investitures 12 Snippets 14 Texas lawyers for Texas Veterans - Profiles of Service 16 in Memoriam - eugene “Gene” Joseph Dozier 18 lawyer Referral and information Service news


January 2015

2014-2015 Elected Directors leslie Barrows John Cayce lance evans

2014-2015 Appointed Directors Connie Hall Karmen Johnson

Immediate Past President

Ryan Scharar, President (Fall 2014) Chris Stoy, President (Spring 2015)

Executive Director

Patricia Graham, PlS, ClAS

Ex-Officio Members State Bar of Texas Directors Robert e. Aldrich, Jr. J. Benjamin Barlow

ABA Delegate

Janna W. Clarke

Bar Bulletin

John F. Murphy, editor H. Dennis Kelly, Assistant editor Ameera Hallaq, Staff editor • 817.338.4092 Graphics/Production Park Place enterprises, inc. • 817.877.8901 The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, events for the calendar, suggestions, or comments should be directed to:



nick Bettinger Steven K. Hayes Claudine Jackson

Fort Worth-Tarrant County Young Lawyers Association

Other Associations Calendar of events Advertisers’ index


2013-2014 Elected Directors

Ann Diamond

In every issue 17 20 20

President. . . . . . . . . . . . Michael J. Henry President-elect . . . . . . . David e. Keltner Vice President . . . . . . . . . Robert G. West Secretary-Treasurer . . . .Dabney D. Bassel


For more information and photos, please like us on Facebook.

1315 Calhoun Street Fort Worth, Texas 76102-6504 Deadline for submission is the 1st day

of the month, one month prior the date of the issue (e.g. April 1 for the May issue). items for publication may be e-mailed to in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

See your name in lights!!! Become a member of the exclusive TCBA “2014-2015 100 Club” and see your firm’s or organization’s name in print in every issue of the Bar Bulletin for the remainder of this bar year!

Or at least in the TCBA Bar Bulletin!

To qualify, law firms, government agencies, law schools, and corporate legal departments of four attorneys or more must have 100% of their attorneys enrolled as members of the TCBA. If your firm is not listed, please contact our Director of Membership, Cindy Rankin, at 817.338.4092 or We are proud of the 100% 2014-2015 bar membership for the following law firms and other groups!

100 Club Members Adams Lynch & Loftin, PC Albert Neely & Kuhlmann LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Anderson Law Firm Bakutis McCully & Sawyer PC Barlow Garsek & Simon, LLP Beadles Newman & Lawler PC The Berenson Firm PC Blaies & Hightower, LLP Bourland, Wall & Wenzel, PC Boyle & Lowry, LLP Brackett & Ellis, PC Broude Smith & Jennings PC Bourland, Wall & Wenzel, PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Bruner & Pappas LLP Cantey Hanger LLP City Attorney’s Office-City of Fort Worth Cook Childrens Health Care System Cotten Schmidt & Abbott, LLP Curnutt & Hafer, LLP Dawson Parrish, PC Decker Jones McMackin McClane Hall & Bates PC Forshey & Prostok, LLP Friedman, Suder & Cooke FTSI Services Gardner Aldrich, LLP Gordon & Sykes, LLP Griffith, Jay, & Michel, LLP Harris, Finley & Bogle, PC Harrison Steck PC Haynes and Boone, LLP Holland Johns & Penny LLP Johnston Legal Group, PC

Kelly Hart & Hallman LLP Koons Fuller, PC Law, Snakard & Gambill, PC Linebarger Goggan Blair & Sampson, LLP Lively & Associates, LLP Lovelace Killen, PLLC Macdonald Devin PC McDonald Sanders Law Firm Mellina & Larson, PC Moses, Palmer & Howell, LLP Murphy Mahon Keffler Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Casto, PC Noteboom Law Firm Padfield & Stout, LLP Phelps Dunbar LLP Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP Jim Ross & Associates Ross & Matthews, PC Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Tarrant County DA’s Office Taylor Olson Adkins Sralla & Elam, LLP Texas A & M School of Law The Berenson Firm PC The Blum Firm, PC The Colaneri Firm, PC The Wolf Law Firm, PC Thompson & Knight, LLP Wallach & Andrews, PC Watson Caraway Midkiff & Luningham LLP Whitaker Chalk Swindle & Schwartz PLLC Whitley Penn, LLP Wilson, White & Doby, LLP Winstead PC January 2015

TCBA BulleTin


Help! Beginning January 8, we really do need volunteers!

Please consider donating two hours of your time the 2nd and 4th Thursday, January through november from 6-8pm. Bring a friend. legalline is a valuable community service outreach program that needs your time and skills. if you are interested in volunteering or sponsoring, please contact Trisha at 817.338.4092 or email

Dinner served at 5:30 p.m. for all volunteers!

You Are Invited To The

Annual Meeting/Reception of the

Tarrant County Bar Foundation Tuesday, January 27, 2015

5:30 p.m. to 7 p.m. 1315 Calhoun Street, Fort Worth, Texas

Installation of 2015 Board Members, Introduction of 2014 Fellows, and Recognition of TLTV & TVAS Volunteers Please RSVP by January 20 by phone 817.338.4092 Or email Trisha at



January 2015

TCBA Welcomes Its





J. Zack Burt Matthew Fronda erica Gibbs Phillip Hall Drew Herman Marcus Johnson Chase lanCarte Sarah Molzan Schyler Parker Allie Robinson Clinton Sloan David Staab

Brittany Byrd Rachael Cain Shawn Crawford Ryan Dadgari Kourtney Doman Paige eldridge Stephanie Fryer Mackenzie lewis Kennedy Meier Christopher nabzdyk Shelby Sellman lorena Solis Kirby Wallace Sheena Winkfield

Associate Brittyn Brender Bridget Walters




January 2015

TCBA BulleTin


t o h s p a n S YLA

Judge Melody Wilkinson at the TCBA Holiday Party with TCYLA President Elect Chris Stoy and Susan Hutchison

Happy New Year!

i hope everyone had a great holiday season and had a chance to relax with friends and family. During the holidays, our members celebrated the season at the annual Tarrant County Bar Association Holiday Party held at the bar offices on December 11. A great time was had by all who attended. With 2015 upon us, we have some exciting upcoming events to share with you. This month we are continuing our Mentor Program with students from Texas A&M School of law. Mentors from TCYlA will gather with their mentees at Whisky & Rye for a mid-year event that will focus on helping law students transition into practice. On January 20, from 5:30 p.m. to 8:30 p.m., we will cohost a happy hour with the under Forty Professional Group, which is a part of the Fort Worth Chapter of the Texas Society of CPAs. The happy hour will be at Martin House Brewery on the banks of the Trinity River near downtown Fort Worth. A local favorite, Salsa limon, will cater the food, and

6 ■ January 2015

we will tour the brewery and taste several seasonal beers. i encourage you to attend because this event is a great opportunity for you to meet other young professionals in the area and to expand your network. Finally, TCYlA Directors Chris Gee and Martin Garcia have been hard at work planning a first-ever Super Bowlthemed party for patients at Cook Chil- Ryan Scharar dren’s Hospital on Saturday, January President, FW-TCYLA 31. TCYlA members will host the party filled with food/drinks, crafts, and various games for the patients and their families. We hope to have a local football celebrity on hand to add to the excitement. if you haven’t, yet, i would encourage you to join us for one of our upcoming events. Please visit for more information. ■


Lawyers on the Move &

in the News

Governor Rick Perry has named Brandon Hurley of Grapevine, chair of the low-level Radioactive Waste Disposal Compact Commission. The commission manages and disposes of low-level radioactive waste, while maintaining the health, safety and welfare of citizens. Brandon Hurley is an attorney and partner at Kelly Hart & Hallman llP in Fort Worth. Debra Y. Rogers (formerly Dupont) has relocated her Parker County law office to Fort Worth. She can now be contacted at the law Office of Debra Y. Rogers, llP, 1300 S. university Drive, Suite 602, Fort Worth, 76107; 817.996.8340 office number and Michael Moore has joined the law firm of Brackett & ellis, 100 Main Street, Fort Worth 76102, as an associate. Before joining the firm Mr. Moore practiced litigating various product liability, toxic tort, and various real estate claims. Mr. Moore’s practice consists primarily of litigation on first party and third party property claims, and a wide range of other business and commercial transactions. The Law Firm of Moses Palmer & Howell L.L.P., 309 West 7th Street, Suite 815 in Fort Worth, announces the opening of a title fee office with Alamo Title Company. The office will be managed by David A. Palmer and Whitney Cardwell. ■


Sharen Wilson



ASSISTANT DISTRICT ATTORNEYS Thursday, January 1, 2015 at two o'clock in the afternoon Rotunda of the 1895 Courthouse 100 W. Weatherford ~ Fort Worth, Texas RECEPTION FOLLOWING OATH CEREMONY Parking garage nearest courthouse @ Weatherford & Calhoun Parking free on holidays Enter front doors on the south side of Courthouse Handicap entrance on east side

g n i t e k r a M r u Practical & Tactical: Kic k S tar t Yewo Ye ar Free in the N Another Member Benefit for Tarrant County Bar Association Members!


Marketing Seminar

Friday, January 23, 2015 • 12:00 p.m. to 4:30 p.m. • Tarrant County Bar Building The Membership Committee of the Tarrant County Bar Association will again offer a FRee marketing seminar for all TCBA members and their office or marketing managers. Has your revenue stream not been what you would like? Do future revenues not look as strong as you hoped? This year’s program will help you jump start your efforts. Marketing experts, who have helped professionals all over the country increase their revenue, will provide marketing ideas and suggestions on the following topics:

Building & Sticking to an Annual Marketing Plan legal marketing guru Sheila Sheley’s ( presentation on how to build and stick to an annual marketing plan will put you and help keep you on track to meet your new Year’s marketing resolutions.

Digital Marketing it is not just about Search engine Optimization: a panel of legal marketing pros and technology experts will provide ideas, tips, and techniques for increasing the effectiveness of your digital marketing efforts. Panelists include: Jeff Sanford ( and Miriam McHenry, Director of Recruiting and Professional Development, Burleson llP.

Practical & Tactical: Kick Start your Marketing In The New Year January 23, 2015, 12:00 p.m. to 4:30 p.m. • RSVP to Sherry Jones • 817.338.4092 • fax 817.335.9238 by January 16, 2015

Wordpress Tips & Techniques Paula Hill ( will provide insight on the ins & outs of your Wordpress website and how to efficiently and effectively use its tools to market your firm and increase your online presence.

Special thanks to our sponsors: Juris Fabrilis; LexisNexis; PCS Professional Court Services Curnutt & Hafer, LLP; Falcon Document Solutions; Harris Cook, LLP Ovation Lending; Burleson, LLP The Law Office of Constance K. Hall, PLLC.

Dodging “Great Balls of Fire”: Attorney Advertising and FTC Compliance for Blogs, Websites and Social Networking Attorney Tamera Bennett provides the information you need to keep your virtual self out of hot water! .75 ethics Cle

Other marketing gurus are trying to clear their schedules to participate, so look for announcements about additional presentations!

A box lunch will be available for $15.00

Event Sponsor: Attorney Resource Door Prizes will be awarded (but you must be present to win)! January 2015

TCBA BulleTin


The Faces of TVAS


n november 18, 2014, Tarrant County Volunteer Attorney Services (TVAS) held the last of its 2014 quarterly pro bono clinics at the Tarrant County Bar Association. At the clinic, several volunteer attorneys provided pro bono assistance with wills and estate planning to low-income individuals. Other volunteer attorneys also assisted clients with their wills and ancillary documents outside of the clinic. The clients who received assistance represented all walks of life and circumstances, including including young and old; fit and physically impaired; male and female veterans; and a client facing terminal illness. As with any pro bono clinic, a number of volunteers played several important roles in making the clinic a success. TVAS extends its appreciation to the following volunteers and supporters for ensuring that the TVAS clients received assistance. • McDonald Sanders, P.C. generously sponsored the clinic. • TVAS co-chairs, Philip Vickers (Cantey Hanger) and Patricia LaRue (Benenati law Firm), attended the event. • Judge Wells and Judge Sudderth, both stalwart supporters of TVAS, attended the clinic and provided remarks for the volunteer attorneys. • TVAS was able to provide the volunteer attorneys with


January 2015

updated forms for wills and ancillary documents with the assistance of Amy Fuqua (Fuqua law Firm PllC), Aleed Rivera (in-House Counsel of MHMR Tarrant County), and Jimalee Splawn (Harris, Finley and Bogle, P.C.). Jimalee Splawn also provided the volunteer attorneys and other bar members with free Cle about general will and estate planning issues. Monica Benson (Katten & Benson) served as a mentor for the volunteer attorneys, answering questions at the clinic and providing feedback on draft documents. Volunteer attorneys who accepted cases were Aleed Rivera, Leslie Hunt (Decker Jones), Theresa Berend (Berend & lindsey, PllC), Ben Westbrook (Westbrook law PllC), Julie Jacobson (law Offices of Julie Jacobson), Rachel Shackelford (Ross & Matthews, P.C.), Valerie Simpson (law Offices of Valerie Simpson), and Bethel Zehaie (Stickels & Associates, P.C.). Volunteers Cheryl Muise, Jonathan Panning, Ethan McNiff, and Diane Zubalsky, all from Fidelity investment’s legal department, served as witnesses and general volunteers. Repeat volunteer paralegals, Doris Jackson, Debbie House, Katrina Lea, Star Moore, Janice Piggott, and Julie Sherman, provided assistance in document production and notary services. ■

Transition to Practice 2015


he Transition to Practice mentoring group has just wrapped-up its fifth year of mentoring young lawyers! Things will get started up again for 2015 on Wednesday, January 21, so mark your calendars and check below for more details. if you are interested in participating in this great mentoring opportunity, a member of the TCBA, and a lawyer practicing three years or less, please email Cindy at and include your information and what area of law you are interested in. if you are an attorney who has been practicing ten years or more and interested in mentoring recently licensed attorneys, we encourage you to volunteer for 2015 as a mentor. This is a great growth opportunity for mentors, as well, and the program would not be possible without the valuable volunteer participation that we are so fortunate to get from our wonderful community of attorneys! Assignments for mentors and mentees have been made for 2015, so if you have not received information about your

mentor or mentee, please contact Cindy at to make sure you are on the list for this year. The kick-off program for 2015 will be at noon on Wednesday, January 21, at the TCBA office. Judge Dana Womack, 348th District Court, will speak to the group on “Practicing in Tarrant County.” She will speak on local rules, various do’s and don’ts of practicing in the courthouses in Tarrant County and more. RSVP to Cindy at so that we will have a correct count for lunch. Thank you again to our 2014 mentors for your time and participation! YOu have made this program possible! ■


January 2015

TCBA BulleTin


Rehearsals are now under way‌

The 2015 Participants Antonio Allen Sue Allen Leigh Atkinson Kevin Boneberg Linda Bull Sonya Carrillo Kevin Clark John Corbin Michele DeLotto


Kristina Denapolis Brad Dowell Leah Gould Trisha Graham Cynthia Gustafson Ronnie Hall Ameera Hallaq Jessica Hall-Janicek Kathi Hogan

Marshall Jacobini Karmen Johnson Jill Johnston Courtney Key Liz Larson Charles Lincoln Dana Manry James McGrath Brooke Mixon

Scott Moseley Shannon Pritchard Brent Schellhammer Rik Sehgal Kimmy Stoner Walt Taylor Christopher Troutt Melissa Wilks

Mark your calendars - Saturday, March 28, 2015


January 2015

vestitures I N V E S T I T U R E S JANUARY 2, 2015

JANUARY 9, 2015

Honorable David E . Cook

Honorable Timothy A. Menikos

Judge, County Criminal Court No. 1

Time: 10:00 a.m. Location: County Criminal Court No. 1, Fifth Floor Tim Curry Justice Center

Judge, 323rd District Court

Time: 1:00 p.m. Location: Lynn W. Ross Detention Center Training Room Scott D. Moore Juvenile Justice Center, 701 Kimbo Road, Fort Worth

Honorable David C . Hagerman Judge, 297th District Court

Time: 2:00 p.m. Location: Central Jury Room, First Floor Tim Curry Justice Center

JANUARY 16, 2015

Honorable Carey F. Walker Judge, County Criminal Court No. 2

Honorable Charles L . Vanover Judge, County Criminal Court No. 8

Time: 2:00 p.m. Location: Central Jury Room, First Floor Tim Curry Justice Center

Time: 3:00 p.m. Location: County Criminal Court No. 8, Seventh Floor Tim Curry Justice Center

January 2015


TCBA BulleTin



Civil and Criminal by Judge Bob McCoy

Calhoun Street. John William Calhoun (1871–1947) was President of the university of Texas from 1937 to 1939. He married evelyn Scott of Fort Worth in 1910. From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

Ask Judge Bob Judge Bob, what is an “information”? “An ‘information’ is a written statement filed and presented on behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted. . . .an information is considered presented when it has been filed by the proper officer in the proper court.” State v. Lee, 437 S.W.3d 910, 912 (Tex. App.—el Paso 2014).

Ask The Danes Ramses and Moses, are there Texas publications about “dog law”? We are aware of the Texas Dog law Manual written by Houston lawyer Zandra Anderson, who also has a website www. The Danes’ Quote Of The Month “My leader, Pete, was a fine dog. When he would come and lay his head on my knee and look up into my eyes, i could feel the love and faith he could not put into words.” –Admiral Richard Byrd, By Dog Sled for Byrd


CIVIL ITEMS OF INTEREST 1. Expunction “The traditional and primary purpose of the expunction statute is to remove records of wrongful arrests. . . . When an arrest is not wrongful, removal and destruction of records relating to it harms the public’s interest of using the records ‘in subsequent punishment proceedings, including subsequent applications for probation.’ Our sister courts of appeals have repeatedly held that an arrest is not wrongful for purposes of the expunction statute when the defendant admits guilt with respect to an offense arising from the arrest.” S.J. v. State, 438 S.W.3d 838, 848 (Tex. App.—Fort Worth 2014). 12

January 2015

Probate Court No. 2

County Criminal Court No. 3

Who’s That Street Named After?


Co-Editor Lin Morrisett Associate Judge

2. Causation “While but for causation is a core concept in tort law, it yields to the more general substantial factor causation in situations where proof of but for causation is not practically possible or such proof otherwise should not be required.” Bostic v. Ga.–Pac. Corp., 439 S.W.3d 332, 344 (Tex. 2014). 3. Oil and Gas “Lease” “[i]n Texas, an oil and gas ‘lease’ is not a lease in a traditional sense, but rather, it ‘grants a fee simple determinable interest to the lessee, who is actually a grantee.’ Thus, either a deed or a lease of a mineral estate severs the mineral estate from the surface.” Unit Petro. v. David Pond Well Serv., 439 S.W.3d 389, 397 (Tex. App.—Amarillo 2014) (internal citations omitted). 4. Divorce Decree “[The] divorce decree was an agreed decree, making it both a contract and a judgment.” Kendrick v. Seibert, 439 S.W.3d 408, 412 (Tex. App.— Houston [1st Dist.] 2014). 5. Civil Contempt “[W]hen civil contempt is imposed, the order must spell out exactly what duties and obligations are imposed and what the contemnor can do to purge contempt. . . . The failure of an order of contempt to specify in clear and unambiguous language what the contemnor is required to do to purge himself and escape the restraint on his liberty renders the order invalid.” In re Bannwart, 439 S.W.3d 417, 421 (Tex. App.—Houston [1st Dist.] 2014) (internal citations omitted). 6. Rule 202 “The Texas Supreme Court has directed courts to ‘strictly limit and carefully supervise pre–suit discovery to prevent abuse of [Rule 202.]’ Because Rule 202 pre-suit discovery is merely an aid of an anticipated suit, as opposed to an end within itself, Rule 202 may not be used to circumvent discovery limitations that would govern the anticipated suit. Accordingly, discovery under Rule 202 should be the ‘same as if the anticipated suit or potential claim had been filed.’” In re Bailey–Newell, 439 S.W.3d 428, 431 (Tex. App.— Houston [1st Dist.] 2014) (internal citations omitted). 7. Defamation “To recover damages for defamation, a plaintiff must prove the media defendant: ‘(1) published a statement; (2) that defamed the plaintiff; (3) while either acting

with actual malice (if the plaintiff was a public official or public figure) or negligence (if the plaintiff was a private individual) regarding the truth of the statement.’ Defamation is classified as either defamation per se or per quod. Defamation per se involves a statement that is so obviously hurtful to a plaintiff’s reputation that the jury may presume general damages, including for loss of reputation and mental anguish. A statement that injures a person in her office, profession, or occupation is typically classified as defamatory per se. Defamation per quod is defamation that is not actionable per se.” Shipp v. Maloff, 439 S.W.3d 432, 439–40 (Tex. App.— Dallas 2014) (internal citations omitted).

CRIMINAL ITEMS OF INTEREST 1. Categories of Offenses “There are three general categories of offenses: (1) ‘result of conduct’ offenses, (2) ‘nature of conduct’ offenses, and (3) ‘circumstances of conduct’ offenses.” Cardis v. State, 438 S.W.3d 815, 822 (Tex. App.—San Antonio 2014). 2. “Nature of Conduct” “With ‘nature of conduct’ [offenses], each juror must be unanimous about the specific criminal act. . . . However, the jury is not required to unanimously find that the defendant committed that specific criminal act by a specific manner or means. ‘Manner or means’ describes how the defendant committed the specific statutory criminal act.’ The State is permitted to plead alternate manner or means of committing the same offense.” Cardis v. State, 438 S.W.3d 815, 822 (Tex. App.—San Antonio 2014) (internal citations omitted). 3. “Nature of Conduct” “The Court of Criminal Appeals has stated that when evaluating ‘nature of conduct’ offenses, “a handy, though not definitive, rule of thumb is to look at the statutory verb defining the criminal act. That verb . . . is generally the criminal act upon which all jurors must unanimously agree.” Cardis v. State, 438 S.W.3d 815, 822 (Tex. App.—San Antonio 2014). 4. Seizure “A defendant who alleges a seizure in violation of the Fourth Amendment must produce some evidence that rebuts the presumption of proper police conduct. To satisfy this burden, the defendant must establish that the search or seizure occurred without a warrant. Once the defendant makes this showing, the State must prove that the seizure was conducted pursuant to a warrant or was reasonable.” Jaganathan v. State, 438 S.W.3d 823, 825 (Tex. App.— Houston [14th Dist.] 2014) (internal citations omitted). 5. Warrantless Temporary Detention “A warrantless temporary detention, such as a traffic stop, is lawful when the officer has reasonable suspicion to believe that an individual is violating the law. Reasonable suspicion exists if the officer has specific

articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably suspect that a person has engaged, is engaging, or soon will be engaging in criminal activity. This objective standard disregards the officer’s subjective intent and looks solely at whether an objective basis for the detention exists. A reasonable suspicion determination is made by considering the totality of the circumstances at the time of the detention and must be based on commonsense judgments and inferences about human behavior.” Jaganathan v. State, 438 S.W.3d 823, 826 (Tex. App.— Houston [14th Dist.] 2014) (internal citations omitted). 6. Inventory Search “[T]he police were authorized to conduct an inventory search of the vehicle if impoundment was the only reasonable alternative to protect the vehicle. Furthermore, they are not required to investigate the existence of alternatives in the absence of some objectively demonstrable evidence that alternatives did, in fact, exist.” Uballe v. State, 439 S.W.3d 380, 384 (Tex. App.—Amarillo 2014) (internal citations omitted). 7. Rule 609(b) “[W]hen the conviction is more than 10 years old, Rule 609(b) requires the court to conduct a different analysis. . . . this ten-year period is measured from the date of trial in which the prior conviction is to be offered as evidence, rather than the date of the charged offense, because the evidence is relevant under Rule 609, if at all, to show whether the defendant is credible at trial.” Smith v. State, 439 S.W.3d 451, 457 (Tex. App.—Houston [1st Dist.] 2014) (internal citations omitted).

Quote Of The Month “it is much more difficult to judge oneself than to judge others.” –Antoine de Saint-exupery

Old News-The Archive War in 1839 Mirabeau B. lamar designated Austin (Waterloo) to be the Texas capital. But Sam Houston declared Washington on the Brazos to be the capital, thus beginning the “Archive War.” The “war” ended in 1844 when Austin was reaffirmed as the capital. ■

Too busy? These are just a few of the services available… Your Kids… pick up from school stay with sick children babysitting Your Parents… run errands pharmacy pick up Your Dog… walk, feed, let them out transport to the vet



At the Holidays… buy/wrap presents, assemble gift baskets address invitations You… courier service, transport to airport dry cleaning pick up and delivery wait for repairmen, cable guy Offering personal assistant services on a by-the-task basis

Betsy Drew ■ 817.999.5014 ■ January 2015

TCBA BulleTin


Texas Lawyers for Texas Veterans

Tarrant County Chapter

by Megan Cooley

Profiles of Service

John Johnson pictured with a law student volunteer.


Sim Goodall and Mike McBride

lTV is fortunate to have a dedicated group of volunteers and committee members that spend countless hours supporting the program with their time and expertise. each volunteer has a unique background and a distinct way of assisting veterans and their families. As a way to honor TlTV’s volunteers and the people they assist, TlTV will publish a series of articles that profile its volunteers. This issue is dedicated to the seasoned attorneys who tirelessly volunteer on behalf of veterans, and below are profiles of a few of the volunteers: John Johnson: John Johnson, a criminal attorney, is a Fort Worth native and Army veteran. He is a third generation attorney, and has not missed a single veterans’ clinic since TlTV’s inception in 2010. John routinely accepts 2-3 pro bono cases each month. Among other things, he helps veterans with occupational licenses, expunctions, and non-disclosure actions. With these services, veterans have better chances at securing employment and have the opportunity for a “fresh start.” John considers his pro bono involvement a way of repaying the help he received from others as a veteran when he was severely injured in the 1970s. Since that time, John has made helping others (as he was helped) a priority. in addition to providing pro bono services, John generously mentors younger attorneys and law students at the legal clinics. Many times, he takes younger volunteer attorneys and students with him to court.

Sim Goodall: Sim Goodall is a regular volunteer at the TlTV clinics, and routinely helps dependents of veterans (and veterans themselves) on many matters, including veteran benefits. A retired Air Force Colonel, Sim has served as a senior attorney with the City of Arlington advising the police department and now serves as an Associate Judge with the Arlington Municipal Courts. Because of his military experience, Sim has assisted many veterans with obtaining veteran benefits. in one case, a veteran was denied benefits because his military records erroneously did not reflect that he had served in Vietnam, although he had received two air medals and a 14 ■ January 2015

bronze star while serving in Vietnam. He was suffering from three different cancers and badly needed benefits. With Sims’s help, he found some letters he had sent to his mother from Vietnam with APO post marks and he was able to receive his benefit by submitting these Marvin Champlin letters as proof of his Vietnam service. Sim actively volunteers because he considers the practice of law to be a “service profession,” and advises younger lawyers and Veteran Service Officers not to “wait in your office for someone to tell you they need help.” instead, lawyers should be engaged in the community, particularly since many people “are not aware of their rights and don’t know where to go.” Marvin Champlin: Marvin Champlin has practiced law in the Tarrant County area for over 40 years, and his practice includes probate, business, and transactional services. He also served in the u.S. Army in the late 1960s, including decorated combat service in Vietnam. Marvin has volunteered with TlTV from its inception, and he is a regular fixture at the pro bono legal clinics. He has taken a number of pro bono cases over the years, and in particular, assisted a veteran in a probate matter by ensuring proper distribution of estate funds. Marvin’s philosophy for volunteering is simple and compelling: “i am a combat veteran. Many years after my service, i have followed reports of my old unit in iraq and Afghanistan. When TlTV was first formed, i felt like i was made for this. So many returning veterans have lost their way due in part at least to the effects of their service to their country. Regardless of their situation, however, all deserve the little help we can give them.” ■ January 2015 ■ TCBA BulleTin 14


y t r a P y a d i l o H Thank you to our sponsors!

January 2015


TCBA BulleTin


Improve the Life of an Abused Child

Volunteer to be an Education Advocate for a child in foster care — and help ensure his or her academic success and the best opportunity for a productive future. What is the Education Advocate Project? Why are Education Advocates needed? Who Can Become an Education Advocate? Want to learn more? Bring your own lunch (CLE) and attend an introductory training session hosted by TVAS and TLC on January 12, 2014 at Noon at the TCBA office. Earn 1.0 hours of CLE ethics as you learn more about the Education Advocate Project and how to get started. Please RSVP to patricia.hogue@texaslawyersforchildren to sign up for the training and/or get additional information.

Law Offices of Jason Smith

In Memoriam E

ugene “Gene” Joseph Dozier passed away unexpectedly of a stroke December 12, 2014. Gene is survived by his wife of 53 years, nancy; his children, Margaret and Philip Kramer, Robert and Kay Dozier, and David and Donna Dozier; his grandchildren, Katherine and Cameron Kramer, Blaine and Hudson Dozier and Doak and Charlotte Dozier; and a large extended family. Gene was born August 23, 1939, in Waco to Aileen Riddle Dozier and eugene Fowler Dozier. He grew up in Fort Worth and graduated from Paschal High School, where he lettered in football and track and was a member of the “Tanglewood Ten.” He graduated from the university of Texas in Austin where he was a member of Phi Gamma Delta fraternity and a lifelong longhorn fan. He met and married his college sweetheart, nancy Haun, and they had celebrated 53 years of marriage. Gene graduated from uT law School and was licensed in 1963. Gene briefed for the Supreme Court of Texas and began his career at the Shannon Gracey law firm. He had a second career in real estate development and then returned to practice real estate law at Barlow & Garsek until his retirement in July 2003. He enjoyed his lifelong passions of reading, traveling, practicing at indigo yoga and fly-fishing in Colorado with his family. He was also training to be docent at the Modern Art Museum. ■

PRIMA FACIE The evidence speaks for itself. TLIE is the best in Texas.

Trials and Appeals Employment, Personal Injury, Insurance Jason Smith 817.334.0880

Board Certified Civil Appellate Law

600 8th Aveue Fort Worth, TX 76104


Amerian Board of Trial Advocates January 2015

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 $32,800,000 to its policyholders. With all of these accolades as well as being in the business for over 35 years, doesn’t TLIE make the BEST all around choice for you?

512.480.9074 / 1.800.252.9332


Other Associations’News & Information FW-TC YLA 2014-2015 new Bar Year began September 1, 2014. if you need an application or meeting information, call 817.338.4092, email cindy@tarrantbar. org, or go to the website at Arlington Bar Association Meets on the 3rd Wednesday of each month. President, larry Gaydos. For location & information, email or call 214.651.5622 MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks 76114. For more information, contact President eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (neTCBA) Meets for Cle luncheons on the 3rd Tuesday of each month at la Hacienda Restaurant, Hwy. 121. Contact President leslie Barrows, 500 e. Belknap, Suite A, Fort Worth, Texas 76102, 817.481.1583, L. Clifford Davis Legal Association (f/k/a Tarrant County Black Bar Association) holds its meets on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Mary Panzu at 817.2600.9778. Black Women Lawyers Association For meetings and information, contact Sue Allen, President at 817.926.5005

Tarrant County Criminal Defense Lawyers Association (TCCDlA) meets every 2nd Thursday at Joe T. Garcia’s, 2201 n. Commerce. For more information, contact President Gary Medlin at 817.877.3333. Tarrant County Family Law Bar Association Meets at 12 noon on the 4th Tuesday of each month at Family law Center Assembly Room on the 2nd floor. For more information, contact President David Kulesz at 817.226.1100 or Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Coby Wooten at 817.632.8400. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Club—members free, guests $25. For more information, contact Monica Benson, 817.263.5190 or Texas Association of Defense Counsel Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders, 817.336.8651 for more information. The Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M university School of law library hours and information, please visit, or call 817.212.3800.

January 2015

TCBA Bulletin


Lawyer Referral and Information Service



e would like to thank the following attorneys who have paid referral fees since last reported: Robert Kisselburgh, Jeff McCombs, Caleb Moore, and Scott Phillips. Thank you all!! Our referral service just keeps growing! Our members make it all possible! If you need a referral or if you need to refer a client to the Referral Service, please ask them to call 817.336.4101! If you need an application to join the LRIS, please contact us at

After 10 years in the Parker County wilderness, it is with joy that

Debra Y. Rogers (formerly Dupont)


Her Return to the Tarrant County Fold Law Office of Debra Y. Rogers, LLP 1300 S. University Dr., Ste. 602 Fort Worth, Texas 76107 (817) 996-8430 o • (817) 832-9953 m

682.703.2319 500 East 4th Street Suite 250 Fort Worth, Texas 76102

George Parker Young Vincent P. Circelli


January 2015

Law Offices of Steven C. Laird, P.C.

Your trusted colleagues for… Personal Injury and Wrongful Death Referrals ■ Wrongful Death ■ Trucking Accidents ■ Car Wrecks ■ Oil and Gas Field Injuries ■ Construction Accidents ■ Crane Accidents ■ Workplace Injuries ■ Premises Liability ■ Individual and

Business Litagation

QUALITY REPRESENTATION AND REFERRAL FEES Two more good reasons to consider… Experienced Lawyers for Serious Cases®

LAW OFFICES OF STEVEN C. LAIRD, P.C. 817.531.3000 1824 8TH AVENUE ■ FORT WORTH, TEXAS 76110 January 2015

TCBA BulleTin



alendar of Events

January 2015

February 2015

THURSDAY, January 1

WeDneSDAY, February 4

All day. . . . . . . . . . . . . TCBA Office closed in observance of the New Year

noon -1 pm . . . . . . . . . intellectual Property Section luncheon Fort Worth Club

WeDneSDAY, January 7

TueSDAY, February 10

noon – 1 pm. . . . . . . . . Corporate Counsel Section luncheon TCBA Office THuRSDAY, January 8 6 pm – 8 pm . . . . . . . . . legalline TCBA Office

11:45 -1 pm . . . . . . . . . . Membership luncheon Fort Worth Club THuRSDAY, February 12 noon – 1 pm. . . . . . . . . energy Section luncheon City Club

THuRSDAY, January 15

6pm – 8pm . . . . . . . . . . legalline TCBA Office

noon-1 pm . . . . . . . . . . Construction law Section luncheon TCBA Office

MONDAY, February 16

MONDAY, January 19

All day. . . . . . . . . . . . . TCBA Office closed in observance of Presidents’ Day

All day. . . . . . . . . . . . . TCBA office closed in observance of Martin Luther King Day

TueSDAY, February 17

TueSDAY, January 20

noon – 1 pm. . . . . . . . . labor & employment law Section luncheon Petroleum Club

noon-1 pm . . . . . . . . . . Real estate Section luncheon City Club

THuRSDAY, February 19

THuRSDAY, January 22

All day . . . . . . . . . . . . . Court Coordinators’ Seminar TCBA Office

11:30 pm-1 pm . . . . . . . Fort Worth Business & estate Section luncheon City Club

11:30 – 1 pm . . . . . . . . . Fort Worth Business & estate Section luncheon City Club

noon-5 pm . . . . . . . . . . TVAS Guardianship Cle TCBA Office

noon – 1 pm. . . . . . . . . Construction law Section luncheon TCBA Office

6pm – 8pm . . . . . . . . . . legalline TCBA Office

5 pm – 7 pm . . . . . . . . . Docket Call law Offices of Mark Anderson

FRiDAY, January 23

MOnDAY, February 23

noon-4:30 pm . . . . . . . . Marketing Seminar TCBA Office

noon – 1 pm. . . . . . . . . Bankruptcy law Section luncheon Fort Worth Club

TueSDAY, January 27

TueSDAY, February 24

11:30 am – 1:30 pm . . . . Tax & estate Planning Section luncheon City Club

11:30 am -1:30 pm . . . . . Tax & estate Section luncheon City Club

1 pm-4 pm . . . . . . . . . . last Tuesday Cle TCBA Office

1 pm-4 pm . . . . . . . . . . last Tuesday Cle TCBA Office

5 pm – 7 pm . . . . . . . . . Tarrant County Bar Foundation Annual Meeting & Pro Bono Awards TCBA Office

THuRSDAY, February 26

WeDneSDAY, January 28 noon-1 pm . . . . . . . . . . environmental Section luncheon TCBA Office FRiDAY, January 30 12:30 pm-4:00 pm . . . . . Brown Bag Cle – Appellate law Reception immediately Following TCBA Office



January 2015

6pm – 8pm . . . . . . . . . . legalline TCBA Office

Advertisers’ Index

Call Betsy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Circelli & Young . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Fort Worth JSB Companies, inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Foster & east . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Michael J. Henry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside front cover Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 law office of Debra Y. Rogers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 law Offices of Jason Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 law Offices of Steven C. laird . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 law Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 lexisnexis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside back cover ernest (Skip) Reynolds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Bettie Schneider, eA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Stephens Anderson & Cummings . . . . . . . . . . . . . . . . . . . . . . . . .back cover Texas lawyers’ insurance exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Tindall Square . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

BAR BULLETIN • January 2015

justi ce IS



Tarrant County Bar Association 1315 Calhoun Street Fort Worth, Texas 76102-6504 ADDRESS SERVICE REQUESTED


✯ YO UR✯


WE Honor your clients, as well as your referral fee.


efer your personal injury clients to us and we’ll fight for them with passion, integrity

and grit – and pay you a referral fee, to boot. We do our clients justice and we’ll do the same for yours by marshaling our resources and securing results that

if any of your contact information is incorrect, please submit your corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or e-mail to

truly make a difference.

TCBA Member Benefits Vendor List

Call us today

817.920.9000 |



Jason Stephens is licensed in Texas and Oklahoma. Seth Anderson is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. John Cummings is Board-Certified in Personal Injury Trial Law bythe Texas Board of Legal Specialization and in Civil Trial Law bythe National Board of Trial Advocacy.

STEPGENL4013_Justice_Is Decidedly_In_Your_Favor_Ad_3.625x10.indd 1

9/9/14 10:52 AM

TCBA members may take advantage of discounts provided by the following vendors: ABA Retirement Funds program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed materials—business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo, discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact or 817.338.4092. if mailing or charging tickets, add 50 cents. Sprint offers 15% off the monthly service. For info, contact or 817.338.4092. UPS - TCBA has signed an agreement with uPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, but check out uPS for your needs. or 1.800.PiCK.uPS. For IT help: Juris Fabrilis-Cool Tools for lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Expanco is n.A.i.D. AAA-Certified document-destruction service offering 40% off to TCBA members. Call TCBA office for details on both.

TCBA Bulletin, January 2015 Issue  

TCBA Bulletin, January 2015 Issue This month we celebrate the fine work of the TCB Foundation! Also, inside, read up on the recent TVAS clin...

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