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October 2015

TARRANT COUNTY BAR FOUNDATION

Advocates for

Justice Luncheon

JUSTICES, SUPREME COURT OF TEXAS Keynote Speaker

Special Guest

Honorable Eva Guzman

Honorable Debra H. Lehrmann

11:30 a.m. to 1 p.m. • Thursday, October 22, 2015 • City Club, Fort Worth 1

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October 2015


P

resident’s page

Forty Years into the Practice

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his month marks my 40th year being a licensed Texas lawyer. Since I took the oath, the world has turned over many times. When I started, mag-card typewriters were the new rage. For the first time, a document could be edited without the use of White-Out. The passage of a few years brought fax machines, by David E. Keltner and we could instantly share information with clients and each other. In many respects, fax machines revolutionized how we thought of transmitting information. Fax machines were almost absolute with the intranet. We became able to compose and send information instantly. The mechanics of telephones changed as well. It used to be that the good lawyers loaded their pockets with quarters to be able to make calls back to the office and the clients from the courthouse. We all scoped out the public telephones in court hallways and sometimes associates and legal assistants were charged with commandeering and holding a pay phone until the lawyer could get there to make the required call. Now, electronic filing is mandated. As a result, no lawyer can practice without computers and an email address. The same is true of cell phones. Virtually all of us are able to be in instant contact with anyone through email, text or telephone—all contained on a hand-held device. These innovations have cut down on our privacy but have drastically expanded our ability to practice law. The Best Change in Practice of Law Over the Last Forty Years With all these technological innovations, I’m often asked what the best change in the practice of law was over the last 40 years. I’m glad to say it had nothing to do with technology. It was the opening of the practice of law to women. When I graduated from law school in 1975, there were 17 women in our class of 254. That had been a radical increase over the previous five years. For the most part, women were encouraged to find work in the wonderful world of bank trust departments rather than private practice. Most established firms did not interview women, and women partners were rare. In the mid-70s, things began to change. Barbara Lynn, now a Federal District Judge in the Dallas Division of the Northern District of Texas, accepted a job with Carrington Coleman. Jim Coleman, her mentor, was ahead of his time in recognizing that women could be a valuable addition to the practice of law. Barbara had been No. 1 in her SMU Law School class but wasn’t interviewed by most of the major Texas law firms. One of the only exceptions was the then Locke, Purnell firm, which had hired Harriet Miers who 1

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October 2015

later became their first woman partner, their first woman managing partner, the first woman President of the Dallas Bar Association, and the first woman President of the State Bar of Texas. Judge Lynn decided to do something about the women lawyers’ sad situation. She brought a gender discrimination suit against some of the Texas major law firms. On the day of the trial, those firms settled by agreeing to interview and employ women. Judge Lynn was a true pioneer and risked ridicule and derision in her effort to right a wrong. Fortunately, when the barriers came down, women rushed into the practice and did well. Now, most law schools’ classes are evenly divided between men and women. In Tarrant County, 19 of our 51 judges are women, and Sharen Wilson was recently elected District Attorney. Lawyers serve the citizens of Texas best when the ranks of lawyers mirror the gender and racial makeup of the population. We have made up a lot of ground in gender equality and still have much to do to achieve racial balance. Several women have influenced my law career and I want to brag on them. Sharon Millians is a longtime friend. We attended McLean Junior High School and Paschal High School together. I will never forget when the Texas Equal Rights Amendment was being debated and I expressed doubts. Sharon asked a simple question that changed my view completely. She asked whether I would have a different view if I had a daughter who was faced with an unequal playing field. Thereafter, I became a women’s rights advocate. Sharon has had a legal career that few could dream of. She has been involved in significant real estate transactions throughout the country. On behalf of a local family, she was involved in a team that sold the Plaza Hotel to Donald Trump. She was also involved with the sale of New York’s famous Helmsley Plaza. During the real estate crash, she assisted local investors in acquiring the largest distressed thrift in the country. Sharon was recently awarded the Association’s Professionalism Award. And she did it all right here in Fort Worth. Marianne Auld is the Chair of Kelly Hart’s Appellate Section. I am proud to work for her. Marianne’s career has viewed the practice of law from more than one vantage point. Immediately out of Baylor Law School, she was a briefing attorney to Fifth Circuit Judge Tom Reedley; and I still think she is his favorite. After her first stint with Kelly Hart, she returned to Baylor Law School as a professor where she taught procedure, evidence, and legal writing and was active in their practice court program. Marianne is a gifted writer. Her writings make the angels sing. After returning to Kelly Hart, she worked on some of the largest appeals of our time, including dozens before the Texas Sucontinued on page 10


Save the Date

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817.338.4092 ■ Fax 817.335.9238 website: www.tarrantbar.org e-mail: tcba@tarrantbar.org 2015-2016 Officers

ontents

TARRANT COUNTY BAR ASSOCIATION

Features

3 6 8

Tarrant County Bar Association

4

Please join us for a 1980s themed

Advocates for Justice Luncheon

Holiday Bash!

Thursday, December 10, 2015 • 5:00 pm Tarrant County Bar Center • 1315 Calhoun Street

Judicial Profiles Judge David Cook and Judge Bob McCoy Davis and Kelly Receive Lifetime Achievement Awards

President. . . . . . . . . . . . . . . David E. Keltner President-Elect . . . . . . . . . . . Robert G. West Vice President . . . . . . . . . . .Dabney D. Bassel Secretary-Treasurer . . . . . . . . . Nick Bettinger

Directors Term Ends 2016 Leslie Barrows John Cayce Lance Evans Term Ends 2017 Tawana Gray Gary L. Medlin Jason C. N. Smith

2015-2016 Appointed Directors Geffrey Anderson Dwayne W. Smith

Tarrant County Young Lawyers Association President

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2015 Fall Amber Altemose 2016 Spring Erin Cofer

Immediate Past President Michael J. Henry

Departments Executive Director Patricia Graham, PLS, CLAS 1 President’s Page 4 Advocates for Justice Luncheon Sponsorship Form Ex-Officio Members State Bar Of Texas, Directors 5 100 Club Members J. Benjamin Barlow 8 Lawyer Referral and Information Service News Gary L. Nickelson 9 Texas Lawyers for Texas Veterans ABA Delegate 10 CLE Corner Janna Clarke 10 Lawyers on the Move & in the News Bar Bulletin 11 Brown Bag Seminar Series - Juvenile Law John F. Murphy, Editor H. Dennis Kelly, Assistant Editor 12 In Memoriam - Loren Q. Hanson Graphics/Production 13 TCYLA Snapshot Park Place Enterprises, Inc. ggpark@flash.net • 817.877.8901 16 Snippets 19 It’s All Happening at the Bar Tarrant County Bar Bulletin is a monthly Docket Call Social The 20 LegalLine publication of the Tarrant County Bar Association. Articles, photos, events for the calendar, suggestions, 21 Our Sections THURSDAY TARRANT COUNTY BAR ASSOCIATION PRESENTS or comments should be directed to: 1315 Calhoun Street • Fort Worth, Texas 76102-6504 October 15, 2015 23 New Members Brown Bag   Deadline for submission is the 1st day of the 5:00 – 7:00 pm JUVENILE LAW month, one month prior the date of the issue (e.g. 25 Transition to Practice Seminar   OCTOBER 23, 2015 Series   Sponsored by April 1 for the May issue). Items for publication may 28 TVAS be e-mailed to trisha@tarrantbar.org in Word format. Join us for CLE credit at

Join us at

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Juvenile Detention Center Training Room, 2701 Kimbo Road, Fort Worth,, 76111 Moderator: Leslie Barrows, The Barrows Firm

In every issue 24 Other Associations’ News & Information 2

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October 2015

HELD AT INTERBANK’S CAMP BOWIE LOCATION

11:30 am

Check In

12:00 pm

Legislative Update: Juvenile Law Riley N. Shaw, Tarrant County Criminal District Attorney

4255 Camp Bowie Blvd. • Fort Worth, TX 76107

12:30 pm

Sex Offender Treatment Options for Juveniles Tarrant County Juvenile Services

1:30 pm

Mental Health and Juvenile Delinquency Issues and Treatment Options PSY Family Services

2:30 pm

Break

2:45 pm

How to Investigate a Juvenile Delinquency Case Frank Adler, Law Office of Frank Adler Tracie Kenan, Kenan Law Firm Ray Hall Jr., Law Office of Ray Hall, Jr.

3:30 pm

Sealing Records as of September 1, 2015 Vickie Bowers, Tarrant County Juvenile Services

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.


Advocates for Justice Luncheon

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he Tarrant County Bar Foundation is hosting a luncheon to “kickoff” the National Pro Bono Celebration Week. The Foundation is honored to have two justices of the Supreme Court of Texas at the luncheon. The Keynote Speaker is Justice Eva Guzman and Special Guest is Justice Debra H. Lehrmann. The “Advocates for Justice Luncheon” will be held on Thursday, October 22 at 11:30 a.m. at the City Club, 301 Commerce Street. Tickets are $150 per person and sponsorships are available. The proceeds from this

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luncheon will assist the Foundation in supporting its community and legal services programs, Tarrant Volunteer Attorneys Service (TVAS) and Texas Lawyers for Texas VeteransTarrant County Chapter (TLTV). MCLE has been approved for .5 hour of ethics. To make your reservations or to be a sponsor, please contact Trisha at 817.338.4092 or trisha@tarrantbar.org. For directions and contact information, please visit the City Club website at www.cityclub-ftw.com. ■

KEYNOTE SPEAKER

SPECIAL GUEST

Justice Guzman is the liaison between the Supreme Court of Texas and the Access to Justice Foundation and to the Texas Access to Justice Commission responsible for oversight and funding of the state’s legalassistance programs for the poor. She is also the liaison to the Commission on Judicial Conduct and is chair of the Supreme Court’s Permanent Judicial Commission for Children, Youth and Families. Justice Eva Guzman has served at three levels of the Texas judiciary. In 2009, she was appointed to serve on the Supreme Court of Texas by Governor Rick Perry. She was elected to a full term in November 2010, when she became the first Hispanic woman elected to state-wide office in Texas. Before her appointment, Justice Guzman served for almost a decade on the Houston-based 14th Court of Appeals. She began her judicial service on the 309th District Court in Harris County, after an appointment by then-Governor George W. Bush. Justice Guzman’s devotion to the law and her community has been recognized by national, state, and local organizations. She is a 2014 recipient of the Women and the Law Section of the State Bar of Texas Sara T. Hughes Lawyers of Achievement Award and is a 2014 recipient of the Association of Women Attorneys’ “Premier Women in the Law Modern Trailblazer” award. Her alma mater, South Texas College of Law, recently recognized Justice Guzman’s significant career accomplishments and community leadership with a 2014 Alumni Impact Award. The National Hispanic Bar Association honored Justice Guzman with a 2009 Latina Judge of the Year Award. Justice Guzman holds Pathfinder Awards from both the Texas Women Lawyers and the Travis County Women Lawyers Association and was an early recipient of the Texas Executive Women “Women on the Move” award. ■

Justice Lehrmann has served on the Supreme Court of Texas since June 21, 2010; prior to this appointment, she served as a family law trial judge in Tarrant County for 23 years. She serves as the Court’s liaison to the Board of Disciplinary Appeals, the Commission for Lawyer Discipline, the Texas Association for Court Administration, the State Bar Family Law Section, the Family Law Council and the Texas Attorney-Mediator Coalition. She is a past chair of the Family Law Section of the American Bar Association (ABA/ FLS), a commissioner on the Uniform Law Commission (ULC), and a member of the American Law Institute (ALI). A member of Phi Beta Kappa, Judge Lehrmann graduated with high honors from The University of Texas in 1979 and The University of Texas School of Law in 1982. She is currently working on her LLM in Judicial Studies from Duke University School of Law. Justice Lehrmann has been an active leader within the legal profession for many years. In addition to her national work, she is past-president of the Lloyd Lochridge Inn of Court, is an emeritus member of the Eldon B. Mahon Inn of Court, is a fellow of the Texas Bar Foundation and the American Bar Foundation, is a charter member of the Tarrant County Bar Foundation, is a past president of the Tarrant County Young Lawyers Association, is a past president of the Texas Chapter of the Association of Family and Conciliation Courts (AFCC), and served on the Advisory Board of Tarrant County Dispute Resolution Services. As part of her dedication to the practice of law and training of lawyers, she speaks frequently at continuing legal education events on a broad variety of topics throughout the state and country, and she is the author of Texas Annotated Family Code (Lexis Nexis-Matthew Bender). In 2003, she received the Texas Bar Foundation’s award for the best bar journal article of the year: The Child’s Voice—an Analysis of the Methodology Used to Involve Children in Custody Litigation. In 2005, Justice Lehrmann received the Court-Appointed Special Advocates (CASA) Scott Moore Award as recognition for her service to children who are the subjects of abuse and neglect proceedings. In December of 2009, she received the prestigious Judge Eva Barnes Award for dedication and outstanding service to the legal profession, and in 2011, she received the Tarrant County Parenting Center’s Hand-in-Hand Award for outstanding contribution in improving the lives of children and families. In 1990, she was recognized as the Outstanding Young Lawyer of Tarrant County. ■

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October 2015


$10,000 Champion of Justice, includes a table at the luncheon, prominent placement in all brochures and sponsorship material, and a law student fellowship named for you or your organization.

$7,500 Soldier of Justice, includes a table at the luncheon, recognition in all brochures and sponsorship material, and named sponsorship of a legal clinic held by Texas Lawyers for Texas Veterans – Tarrant County Chapter in 2016.

$5,000 Guardian of Justice, includes a table at the luncheon, placement in all brochure and sponsorship material, and named sponsorship of a guardianship, family law, or wills and estate clinic held by Tarrant County Volunteer Attorney Services in 2016.

$2,500 Patron of Justice, includes a table at the luncheon and recognition in all brochures and sponsorship material. $1,250 Supporter of Justice, includes one-half table at the luncheon and recognition at luncheon. Tables will seat 10 persons. Individual tickets for the luncheon cost $150 and all other donations in connection with the Advocates for Justice program will be listed in the luncheon program. SPONSOR NAME I WOULD LIKE

TICKETS (AT $150 EACH) FOR A TOTAL OF $

I AM UNABLE TO ATTEND, BUT I WOULD LIKE TO MAKE A TAX-DEDUCTIBLE CONTRIBUTION IN THE AMOUNT OF $ NAME

FIRM

PHONE

FAX

ADDRESS METHOD OF PAYMENT MC

VISA

CHECK/CHECK #

CREDIT CARD #

AmEX EXPIRATION

NAME ON CARD

SECURITY CODE BILLING ZIP CODE

Please make your check payable to Tarrant County Bar Foundation and mail with this ticket order to Tarrant County Bar Foundation 1315 Calhoun Street • Fort Worth, Texas 76102-6504 • 817.338.4092 • www.tarrantbar.org

Join us at

aS ve the Date

Docket Call Social THURSDAY October 15, 2015

TARRANT COUNTY BAR ASSOCIATION

5:00 – 7:00 pm

Sponsored by HELD AT INTERBANK’S CAMP BOWIE LOCATION

4255 Camp Bowie Blvd. • Fort Worth, TX 76107

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October 2015

Please join us for a 1980s themed

Holiday Bash!

Thursday, December 10, 2015 • 5:00 pm Tarrant County Bar Center • 1315 Calhoun Street


Members of the 2015-2016

100 Club

Adams Lynch & Loftin P.C. Albert Neely & Kuhlmann LLP Anderson & Riddle, LLP Baker Monroe PLLC Bakutis McCully & Sawyer PC Barlow Garsek & Simon, LLP The Barrows Firm, P.C. The Berenson Firm P.C. Blaies & Hightower, L.L.P. Bourland, Wall & Wenzel, PC Brackett & Ellis, P.C. Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Cantey Hanger LLP City Attorney’s Office-City of Fort Worth Cook Children’s Health Care System Curnutt & Hafer, L.L.P. Decker Jones, P.C. Dowell, Pham & Harrison, LLP Edison, McDowell & Hetherington, LLP Fillmore Law Firm, L.L.P. Forshey & Prostok, L.L.P. Friedman, Suder & Cooke Griffith, Jay, & Michel, LLP Harrison Steck P.C. Haynes and Boone, L.L.P. Holland Johns & Penny LLP Jackson Walker, L.L.P. Jim Ross & Associates Johnston Legal Group, P.C. Kelly Hart & Hallman LLP Koons Fuller, P.C. To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2015-2016 bar year qualifies for “The 100 Club”! The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/or-

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Lacy Lyster Malone & Steppick, PLLC Law, Snakard & Gambill, P.C. Lively & Associates, LLP Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, PC Martinez Hsu, P.C. McDonald Sanders Law Firm Mellina & Larson, P.C. Moses, Palmer & Howell, L.L.P. Murphy Mahon Keffler Farrier, LLP Naman Howell Smith & Lee, PLLC Noteboom Law Firm Padfield & Stout, LLP Paup, Shutt & Associates, P.C. Phelps Dunbar LLP Plains Capital Bank Schneider Law Firm Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Stephens, Anderson & Cummings Suzanne I. Calvert & Associates Tarrant County CDA’s Office Taylor Olson Adkins Sralla & Elam, LLP Texas A & M School of Law The Wolf Law Firm, P.C. Thompson & Knight, LLP Underwood Law Firm Varghese Summersett Watson Caraway Midkiff & Luningham L.L.P Whitaker Chalk Swindle & Schwartz PLLC Wick Phillips Gould & Martin LLP Winstead PC ganization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began July 1, so if you missed your renewal invoice in your email, contact Membership Director Cindy Rankin at 817.338.4092 or email her at cindy@tarrantbar.org. October 2015

TCBA BULLETIN

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Profiles

Judicial

by Perry Cockerell

The new judge of Tarrant County Criminal Court #1 is Judge David Cook. Judge Cook brings an interesting perspective to

of his clients. He handled many felony and misdemeanor cases, mostly in Tarrant County and in surrounding counties. Many of his cases were defense of driving while intoxicated. His practice initially began in both family and criminal law, but over time he decided that he enjoyed criminal defense better than family law and went totally to a criminaldefense practice and was able to select the kind of criminal cases that he would represent. He enjoyed and liked working with his clients, whom he believed were good people but had gotten in trouble. “I liked them and enjoyed working with them, and I wanted to help them preserve what they had and not lose everything they had just because of that one case.” He advises attorneys who practice in his court to be prepared because he moves the cases along. Once the case gets set on the contest docket, it usually will go to trial within the next month. At the same time, he understands the requirements of docket management and understands what it is like for defense attorneys to get paid. He will give plenty of time for the attorneys to get ready for trial. Judge Cook is married to Shoshana Cook. They have a nine year-old daughter, Cosette. In his spare time, he enjoys community theater, where he has acted in many plays and musicals in the Metroplex. ■

Judge Bob McCoy is the new judge of Tarrant County Criminal Court #3.

during his eleven years, he authored 1,494 opinions, half of which involved criminal law. Then he decided to run for the county criminal court. A fifteen-month election campaign and six months on the bench have brought him new experiences. Bob and Cyndy have two Great Danes, Moses and Ramses who “answer” questions in “Snippets.” A typical week in his court inMoses volves a weekly docket of over 150 cases with a goal of trying at least one jury trial a week. His advice to attorneys is to “be prepared, be on time, and dress appropriately for the courtroom whenever they are conducting Ramses business in this court.” ■

the bench as his background has always been devoted to criminal defense. He follows Judge Sherry Hill, who retired from the court leaving an open seat that Judge Cook won in the Republican primary. He faced no opponent in the fall 2014 general election. Although he imagined himself as a prosecutor, he found himself working the defense side in criminal cases and never looked back. Judge Cook was born and raised in Euless, Texas, and graduated from Trinity High School in 1988. After college, he attended Oklahoma Baptist University in Shawnee, Oklahoma, on a full tuition scholarship. He graduated in 1992 with a Bachelor of Arts degree in English. After college, he was accepted at Baylor Law School, where he studied under the quarterly semester program and graduated in two and a half years in November 1994. While in law school, he worked as an Intern in the U.S. Attorney’s Office in Waco. After law school, and while waiting for his bar results, he interned in the Dallas Public Defender’s office. Upon passing the bar in 1995, he worked for a small law firm for a short time and then opened up his own law firm, where he practiced solo for the next eighteen years. He enjoyed having his own firm because it brought with it the freedom and flexibility to make decisions in the best interest

He has to be the most well-known judge in Tarrant County, having served in the judiciary since 1995 and writing the “Snippets” article for the Tarrant County Bar Association for almost twenty years. His new position is another example of the many transitions he has made in his life and legal career. After graduating from Texas Tech University in 1970 with a Bachelor of Science in Engineering Physics and in 1972 with a Master of Science in Mathematics, he worked eight years as an engineer. In 1980, he enrolled in night school at University of Houston Law School, and he graduated in 1982. From 1982 to 1983, he clerked for Supreme Court Justice Jim Wallace. In 1983, he joined Shannon, Gracey, Ratliff & Miller, where he practiced civil litigation through 1995. In 1995, he was appointed to the 48th District Court, and he served until 2003, when he was appointed to the Second Court of Appeals. He served through 2014, and 6

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October 2015


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October 2015

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Davis and Kelly Receive Lifetime Achievement Awards

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he 2015 Lifetime Achievement Award given by the Texas Lawyer has recognized two Tarrant County lawyers, L. Clifford Davis and Dee J. Kelly. This award recognizes attorneys who have made a mark on the legal profession in the State of Texas and distinguishes attorneys who have had, or continue to have, extraordinary careers that have impacted and shaped the legal profession. L. Clifford Davis, a retired state district judge, is practicing with the law firm of Johnson Vaughn & Heiskell in Fort Worth. He was inspired to become an attorney after learning about Scipio Africanus Jones, a leading African-American attorney from Arkansas who worked for the defense of the Elaine Twelve—twelve black sharecroppers sentenced to death for taking part in the Elaine Race Riot of 1919. Judge Davis said, “I wanted to be like him.” More than sixty years later, he is still working. Judge Davis earned his bachelor’s degree in 1945 at Philander Smith College in Arkansas and graduated from Howard University School of Law in 1949. Judge Davis worked with Supreme Court Justice Thurgood Marshall on the landmark school segregation case Brown v. Board of Education in 1954. He also litigated the case to integrate the Mansfield and Fort Worth school districts. He opened the first AfricanAmerican law office in Texas. He was a district judge in Tarrant County from 1989 to 1996, when he became a senior district judge. Dee J. Kelly, founding partner of Kelly Hart & Hallman, was born in Bonham, Texas. He knew he wanted to be a lawyer in high school, and later he was mentored by the powerful U.S. House Speaker Sam Rayburn. Mr. Kelly said,

L. Clifford Davis

Dee J. Kelly

“It’s been in the stars for me all along. I’ve done exactly what I wanted to do.” He earned his Bachelor of Arts from Texas Christian University and attended law school at George Washington University. He later received the Distinguished Alumni Award from both universities. In 1994, the Alumni Center at TCU was dedicated in his honor. Among his many honors, Mr. Kelly has been the recipient of Fort Worth’s Outstanding Citizen Award, Fort Worth’s Outstanding Business Executive, the Horatio Alger Award, the Blackstone Award, given by the Tarrant County Bar Association, and most recently was honored by the Texas Bar Foundation as a recipient of the Outstanding 50 Year Lawyer Award. In 1999, the Fort Worth Star-Telegram named Mr. Kelly one of the ten most influential leaders in Tarrant County in the second half of the Twentieth Century. ■

News

Lawyer Referral and Information Service

LRIS

is off to another great year. We have had new members join, and most of our 2014-2015 members have renewed. We are expecting a bigger and better 2015-2016! Special thanks to those who have paid referral fees: Weldon Allmand, Jason Amon, Brandon Barnett, Monty Buhrow, Leslie Barrows, Neal Callaway, Andrea Casanova, Bill Catterton, Tawanna Cesare, Stephen Clark, David Cook, Jennifer Dillon, Sylvia Duarte, Danielle Dulaney, Todd Durden, Joan Durkin, Andrea Dwyer, Bryan Fears, Rashelle Fetty, James Foley, Wayne Fowler, Paul Francis, Lacy Friday, Steve Geis, Andrew Gore, James Graham, Phillip Hall, Earl Hargrave, Chris Heise, Drew Herman, Jacob Higgins, Robert Higgins, Amanda Hobbs, Jason Howard, An Lee Hsu, Leslie Hunt, Christian Jenkins, James Jinks, Jeffrey Johnson, Patrick Kelley, Bryce King, Robert

8  www.tarrantbar.org ■ October 2015

Kisselburgh, Jeffrey Johnson, Dustin Lee, Bob Leonard, Sean Looney, Bruce and Mark Mansfield, Marcos Martinez, Michael Martinez, T. Mastin, Jeffrey McCombs, Brandon McGee, Brian McGrath, Caleb Moore, Jerry Murad, M. J. Nachawati, Gary Nichols, Dustin Payne, Anthony Pettitt, Scott Phillips, David Pritchard, Will Pruitt, Michael Remme, Karen Schroeder, Andrew Seibert, Anthony Simpson, Dwayne Smith, Carey Thompson, Jacob Wallace, Chris Whitaker, Mark Whitburn, Bill White, and Paul Youngblood. Do not forget the changes in the LRIS Rules for LRIS 2015-2016. LRIS attorney members who are late sending in their reports will have to submit a $20 re-instatement fee with the past-due report to get back into the rotation. If you have any questions, please call or email us at 817.338.4092 or cindy@tarrantbar.org. ■


Texas Lawyers for Texas Veterans

Tarrant County Chapter

Harris, Finley & Bogle Sponsors August Clinic

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exas Lawyers for Texas Veterans – Tarrant County Chapter (TLTV) held its August clinic at Tarrant County College’s South Campus, and assisted approximately fifty veterans and spouses of deceased veterans at the clinic. Harris, Finley & Bogle sponsored the pro bono legal clinic and provided attorney volunteers for the event. TLTV’s regular attorney volunteers–including J. Michael McBride (J. Michael McBride, P.C.), John Johnson (Law Offices of Johnson & Johnson), Atticus Gill (Gill Law Firm), John Corbin (Law Offices of John Corbin), Royla Cox (Royla M. Cox, P.C.), Aleed Rivera (Law Offices of Aleed Rivera), and Sarah Seltzer (Seltzer & Dally, PLLC)–also attended the clinic. TLTV thanks Harris, Finley & Bogle, the volunteer attorneys, law students from Texas A&M School of Law, and community volunteers from MHMR of Tarrant County’s Peer to Peer Network for volunteering at the clinic. ■

(left to right) TCBA Committee Member Adam Simmons, Shelby White, Christa Garrett, Michael Fitzpatrick, and Ken Adair.

Thanks to the Following Volunteers for Taking a Case! David Pritchard, The Law Office of David Pritchard George Parker Young, Circelli, Walter & Young, PLLC J. Michael McBride, J. Michael McBride, P.C.

United Way of Tarrant County Offers Veteran Resource Guide The United Way of Tarrant County, in conjunction with 2-1-1 and Veterans Coalition of Tarrant County, has produced a 2015 Veterans Resource Guide that is available online at http://unitedwaytarrant.org/veteransguide. The 2015 Veterans Resource Guide includes available resources for veterans in Tarrant, Erath, Hood, Johnson, Palo Pin9

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October 2015

to, Parker, Somervell, and Wise counties. The resources include information about housing, counseling, employment, medical, and related organizations. TLTV is included in the 2015 Veterans Resource Guide as an organization offering free legal assistance to veterans and spouses of deceased veterans. ■


CLE

Corner

Sherry Jones, Associate Executive Director

Have you purchased your Brown Bag Season Pass? We have a Brown Bag Season Pass available for our members. A purchase of a BBSP will get you entrance to all the Brown Bag Seminars held throughout one bar year. We expect to hold seven seminars this bar year on varying topics. For $125 you can get up to 21 hours of CLE credit. If you choose to pay for the seminars individually, the cost for TCBA members is $70 per seminar. September 18—3 hours Ethics October 23—4 hours Juvenile Law November 13— 3 hours Elder Law & Probate January—TBA February 26— 3 hours Appellate Law March—TBA May—TBA

If you haven’t yet purchased your BBSP, please send a check indicating that it is for the BBSP, or call with credit card information. We do have three dates without topics yet selected. If you have a suggestion for a topic, please let me know. If you would like to join the committee, all members are welcome. Just let me know that you’re interested, and I will invite you to the next planning meeting. ■

Lawyers on the Move &

in the News

B.C. Cornish of Johnston Legal Group was recently named to the National Association of Distinguished Counsel (NADC). The NADC is dedicated to promoting the highest standards of legal excellence by objectively recognizing attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate. Only an elite few are invited to join the NADC. Less than one percent of practicing attorneys in the U.S. are members. Recipients of this “Nation’s Top Attorneys” designation have demonstrated the highest standards in the legal profession. Ms. Cornish focuses on probate, guardianship, and family law matters. Ben E. Keith Company is pleased to announce Eric B. Alexander has joined the company Legal Department as Associate General Counsel. Eric will be responsible for a wide array of litigation and transactional matters. He earned his undergraduate degree from the University of Texas at Austin in 2008 and his law degree from the South Texas College of Law in 2012. Levi M. Dillon, an attorney practicing in estate planning, probate, and tax and business planning, has been added as the newest associate to the law firm of Bourland, Wall & Wenzel, P.C. 817.877.1088. Moses, Palmer & Howell, LLP is pleased to announce the addition of its newest partner, Brooke Ulrickson Allen, formerly of Brown, Dean, Wiseman, Proctor, Hart & Howell, 10  www.tarrantbar.org ■ October 2015

PRESIDENT continued from page 1

preme Court and Fifth Circuit. She insists on a quality work product and sets that standard by example. As we all know, Justice Debra Lehrmann is now on the Texas Supreme Court. Before her services as an Associate Judge and later an elected Judge, Debra was an active family law practitioner. She worked with Joe Shannon at Law Snakard before she was appointed to her first judicial job. Debra has written several works on family law and is considered to be a national expert. She became Tarrant County’s first Texas Supreme Court Justice in 50 years. In the past, I told you I loved being a lawyer. The truth is, I am surrounded by lawyers. My father was a lawyer and so is my wife, Larisa. We met while she was a summer clerk at Shannon Gracey. She was a briefing attorney for the Court of Appeals, and later worked for Jose Henry & Brantley. Larisa started a legal publishing company then known as The Rutter Group of Texas. She was the main editor and edited works by Senator John Cornyn, Linda Addison, Judge David Hitner, and the late Dan Price. Larisa returned to the practice of law by taking appointments in Child Protective Services cases. She served as an ad litem for the children who were assigned to CPS. It was hard, heartbreaking work, but a place where the legal profession is at its best. I’m very proud of her. ■

David

LLP. Ms. Allen’s practice will continue to focus on business and construction litigation, real estate law, and probate matters. She is also an escrow officer for the firm’s Alamo Title fee office. Ms. Allen may be contacted at ballen@mph-law. com or 817.255.9108. In addition, Zachary C. Farrar has joined the firm as an associate and is practicing in the areas of oil and gas, banking, contract, and landlord-tenant litigation. He may be contacted at zfarrar@mph-law.com or 817.255.9105. Regina Vasquez-Espinosa has joined Phelps Dunbar LLP as counsel in the firm’s litigation group in Southlake. She practices in the area of commercial litigation with an emphasis on property rights and eminent domain. She also practices in the area of labor and employment law. She may be reached at 817.305.0333 or by email at regina.vasquezespinosa@phelps.com. Jeff Lacy and Justin Malone, formerly with Williams Lacy McClure & Parmelee, Chris Lyster, formerly with Shannon Gracey Ratliff & Miller, and Dan Steppick, formerly with Pennington Hill, are pleased to announce that they have joined together to form the law firm of Lacy, Lyster, Malone & Steppick, PLLC. They are located at 120 West 3rd Street, Suite 350, Fort Worth, Texas and may be reached at 817.349.8409. Wes Maness, formerly with Shannon Gracey Ratliff & Miller, and Tom Ryder, who formerly served as Vice President and Legal Head of U.S., Canada and Global Franchises at Alcon Laboratories, Inc., are Of Counsel to the firm. Lacy Lyster Malone & Steppick’s areas of practice include business litigation and general corporate law. ■


TARRANT COUNTY BAR ASSOCIATION PRESENTS

JUVENILE LAW

Brown Bag  

Seminar Series  

OCTOBER 23, 2015 Join us for CLE credit at Juvenile Detention Center Training Room, 2701 Kimbo Road, Fort Worth, 76111 Moderator: Leslie Barrows, The Barrows Firm

11:30 am

Check In

12:00 pm

Legislative Update: Juvenile Law Riley N. Shaw, Tarrant County Criminal District Attorney

12:30 pm

Sex Offender Treatment Options for Juveniles Tarrant County Juvenile Services

1:30 pm

Mental Health and Juvenile Delinquency Issues and Treatment Options PSY Family Services

2:30 pm

Break

2:45 pm

How to Investigate a Juvenile Delinquency Case Frank Adler, Law Office of Frank Adler Tracie Kenan, Kenan Law Firm Ray Hall Jr., Law Office of Ray Hall, Jr.

3:30 pm

Sealing Records as of September 1, 2015 Vickie Bowers, Tarrant County Juvenile Services Felipe Calzada, Law Office of Felipe Calzada

4:00 pm

Project Safer Christy Dunn, Tarrant County DA’s Office Stacey Lewis, Lena Pope

4:15 pm

ADJOURN

4 hours of CLE credit requested (This program will be videoed for showing throughout the year.) ----------------------------------------------------------------------------------------------------------Brown Bag Registration: October 23, 2015 _____ $70 TCBA Member _____ $95 non-TCBA Member _____ $35 TCBA Member Staff _____ Brown Bag Season Pass Holder _____ $12 for a boxed lunch Add $5 if registering after October 21

Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817.338.4092 (Fax: 817.335.9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check

_______ Check Number

______ MC

______ Visa

_____ Am Ex

Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________ 11

www.tarrantbar.org

October 2015


In Memoriam In Memoriam In Memoriam L

oren Q. Hanson passed away on August 28, 2015 at the age of 85. He will always be remembered for his sense of humor and contagious laugh. He was an avid supporter of the Fort Worth community and served as President of the Bar Association in 19761977. In 2002, Loren received the Blackstone Award, the highest professional award given by Loren Q. Hanson the Bar Association. He also served the State Bar of Texas as a director and received two Presidential Citations for excellence. Born in Vienna, South Dakota, Loren was the youngest of five children. They moved to Sioux Falls, where his father was elected state senator and circuit court judge. After high school in 1947, Loren obtained his B.A. from the University of Missouri and began his law degree at the University of Texas Law School. Due to the Korean War, Loren was commissioned into the U.S. Air Force as a second lieutenant where he served as an intelligence officer and instructor in the Officers Candidate School at Lackland Air Force Base. After his discharge, he returned to law school and received his J.D. and then was a briefing attorney for three justices of the Supreme Court of Texas. In 1957, Loren and his family moved to Fort Worth where he joined the law firm of Thompson, Walker, Smith and Shannon, which became Shannon, Gracey, Ratliff & Miller where he was a senior partner. The following is from his partner and friend of 47 years, Kleber Miller. “We were law partners and friends for 47 years. How do you sum up that kind of relationship in a few words? You just cannot do it. So here are just a few things that made Loren the outstanding lawyer, community worker and partner that he was.” “Loren was a good lawyer and very diligent. He also had a strong sense of professionalism, and built solid relationships with his clients, friends, and in the organizations he served. He had a quality which I will call ‘get a lot done’ ability. Will Rogers once said, ‘Even if you’re on the right track, if you just sit there you will get run over.’ Well, Loren never just sat there. When he had a job to do, you could count on it getting done timely and well. Like the old say12  www.tarrantbar.org ■ October 2015

ing, ‘If you want something done, ask a busy person to do it’ – that busy person was Loren. He was a busy person who always had time to do something more. In all the organizations he served, he was a leader, not just someone who belonged to them.” “Loren had a strong sense of community. He was also active in many different organizations. Loren talked the talk and walked the walk. He didn’t wait for someone to tell him what to do; he led others in the doing. It is safe to say that he left the organizations he served better off than before he came along and left the world a better place. What he did reflected who he was, and he liked people, and people liked him. He was one of the founders of our law firm and for many, many years one of our most valuable partners. Someone will take his office and do the jobs he did, but NO ONE will take his place.” “Thanks for the memories Loren, and Godspeed.” Loren’s law partners, Sam Rosen and Phil McCrury have expressed the following: “Loren was an absolute pleasure to work with and also was quite capable of combining a bit of entertainment with the work when the occasion permitted.” (Rosen) “Any young Shannon Gracey lawyer wanting to learn about business development, client relations and relations with other lawyers could do no better than to just follow Loren Hanson around for a few days. His big smile, everfriendly manner and cheerful personality made clients, potential clients and other lawyers all enjoy their time with him. Any conversation with Loren never lacked for laughter and at the same time he could provide clear and understandable legal advice which his clients really appreciated.” (McCrury) Loren served for more than 20 years as a director of Texas Lawyers Insurance Exchange, a malpractice insurance company. He served as a director of Continental National Bank and its successor, MBank of Fort Worth. He was active in several civic organizations—YMCA was one of his favorites. Loren served on the board of trustees of Texas Wesleyan University and was chair of the board from 1995 to 1998. He was one of the trustees instrumental in Texas Wesleyan obtaining the law school, which was acquired by Texas A&M in 2013. Loren was survived by his wife, Beverly, and his children, Peder C. Hanson, Amy A. Hanson, Will Lawson, and godchild, Susan Hanson Anderson; his stepchildren, Angela McGehee and husband, Craig, Terri Baird Smalley and Eddie Rasco, and Arthur L. Baird Jr. and wife, Pamela; seven grandchildren and one great granddaughter; and many other family members. ■


t o h s p a n S YLA

Amber Altemose President TCYLA

TCYLA

has a lot of great things going on this fall! We just completed our annual Fall Fete membership drive on September 17. New members, returning members, and members of the Tarrant County judiciary attended the event at Texas de Brazil. I want to thank Clinton Quisenberry for putting this event together. We also just held our annual TCYLA Golf Tournament at Mira Vista Country Club. Proceeds from the event will be donated to the Tarrant County Bar Foundation. A big thanks to Clark Rucker and Tennessee Walker for all the time they spent planning this event. On October 8, TCYLA will be hosting Bridging the Gap, a CLE dedicated to teaching our members the practical aspects of practicing law. Topics will include the nuts and bolts of starting your own practice; reading and understanding the impact of your business clients’ financial statements and managing financial records; building a book of business

and the associated marketing and soliciting rules; and the concept of the billable hour. TCYLA is providing this CLE free of charge to members ($25 for non-members), and participants will receive five hours of CLE (including ethics). TCYLA will host a happy hour immediately after the CLE. Be sure to check TCYLA’s newsletter for information on how to register. Finally, TCYLA has partnered with Texas A&M School of Law to provide more opportunities for Texas A&M law students to engage with TCYLA. TCYLA is providing a mentor program to A&M law students and held its kick-off event on September 30. TCYLA is also partnering with A&M to provide a professionalism program centered on the idea of round table discussions. Stay tuned for more details on this great partnership! ■

Amber

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MAY 31, 2012

New Civil Courthouse


APRIL 1, 2015

PHOTOS COURTESY OF YATES/JOHN THOMAS PHOTOGRAPHY

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Snippets

Civil and Criminal by Judge Bob McCoy

Hemphill Street—John Hemphill (1803–1862) was the first Chief Justice of the Texas Supreme Court in 1842. He was a Senator from 1859 to 1861 and one of the 14 senators who recommended secession. —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 the difference in the effect of a guilty plea versus a nolo contendere plea? A plea of nolo contendere or no contest has the same legal effect as a plea of guilty except that such plea may not be used as an admission in any civil suit. Flores-Alonzo v. State, 460 S.W.3d 197, 201 (Tex. App.—Texarkana 2015).

Ask The Danes Ramses and Moses, is there such a thing as negligent handling of an animal? Yes, and its elements are: (1) the defendant was the owner or possessor of an animal; (2) the defendant owed a duty to exercise reasonable care to prevent the animal from injuring others; (3) the defendant breached that duty; Moses and (4) the defendant’s breach proximately caused the plaintiff’s injury. Thompson v. Curtis, 127 S.W.3d 446, 451(Tex. App.—Dallas 2008); see also Bushnell v. Mott, 254 S.W.3d 451, 454 (Tex. 2008). Ramses

The Danes’ Quote Of The Month Recollect that the Almighty, who gave the dog to be companion of our pleasures and our toils, hath invested him with a nature noble and incapable of deceit. —Sir Walter Scott, The Talisman

Criminal Items Of Interest 1. Excessive Punishment “Generally, punishment within the statutory limits is not excessive, cruel, or unusual. But a sentence can be within statutory limits and still violate the Eighth Amendment’s prohibition against grossly disproportionate punishment.” Hammer v. State, 461 S.W.3d 301, 303–04 (Tex. App.— Fort Worth 2015). www.tarrantbar.org

October 2015

Probate Court No. 2

County Criminal Court No. 3

Who’s That Street Named After?

16

Co-Editor Lin Morrisett Associate Judge

2. Improper Commitment Questions Improper commitment questions are prohibited in order “to ensure that the jury will listen to the evidence with an open mind—a mind that is impartial and without bias or prejudice—and render a verdict based upon that evidence.” Juarez v. State, 461 S.W.3d 283, 289 (Tex. App.— Texarkana 2015). 3. Probable Cause “‘Probable cause’ for a warrantless arrest exists if, at the moment the arrest is made, the facts and circumstances within the arresting officer’s knowledge and of which he has reasonably trustworthy information are sufficient to warrant a prudent man in believing that the person arrested had committed or was committing an offense.” Clement v. State, 461 S.W.3d 283, 289 (Tex. App.—Eastland 2015). 4. Juror Personal information “By its terms, article 35.29 of the Texas Code of Criminal Procedure protects juror personal information. See [art. 35.29]. When a defendant files a post-trial motion seeking discovery of jurors’ personal information, ‘[h]e is not entitled to such information unless he shows good cause.’” Taylor v. State, 461 S.W.3d 223, 230. (Tex. App.—Houston [1st Dist.] 2015). 5. Ineffective Assistance “A sound trial strategy may be imperfectly executed, but the right to effective assistance of counsel does not entitle a defendant to errorless or perfect counsel.” Robison v. State, 461 S.W.3d 194, 203 (Tex. App.—Houston [14th Dist.] 2014). 6. Sudden Passion “To justify an instruction on the issue of sudden passion at the punishment phase, at a minimum, the record must support inferences that: (1) the defendant acted under the immediate influence of a passion such as terror, anger, rage, or resentment; (2) his sudden passion was in fact induced by some provocation by the deceased or another acting with him, which provocation would commonly produce such a passion in a person of ordinary temper; (3) he committed the murder before regaining his capacity for cool reflection; and (4) a causal connection existed ‘between the provocation, passion, and homicide.’” Griffin v. State, 461 S.W.3d 188, 192 (Tex. App.—Houston [1st Dist.] 2014).

Stay CONNECTED to Us

@TarrantBar @TLTVinTarrant @TVASFW


Civil Items Of Interest 1. Check of Prior Public Filings is Beyond “Reasonable Diligence” “Though reasonable diligence should lead to information in the public record, here, the fraudulent information itself taints the public record. To require, as a matter of law, that Hooks double-check the more recent filings against earlier filings is a higher burden than reasonable diligence requires.” Hooks v. Sampson Lone Star, 457 S.W.3d 52, 60 (Tex. 2015). 2.

Damage Election “When the law would allow compensation under a recurring alternative (i.e., compensatory royalties) but not under a non-recurring alternative, it would not be just to allow the obligor’s silent, continuous breach to constitute an election of the non-recurring alternative.” Hooks v. Sampson Lone Star, 457 S.W.3d 52, 68 (Tex. 2015).

3. Lack of Consent is an Element of Trespass “[I]t makes sense to treat consent, or lack thereof, as an element of the trespass cause of action rather than as an affirmative defense.” Envtl. Processing v. FPL Farming, 457 S.W.3d 414, 424 (Tex. 2015). 4. Property Code Pre-suit Notice not Jurisdictional “Accordingly, we conclude that [Property Code] Section 209.006’s notice provision is mandatory but not jurisdictional. Therefore, a complete lack of notice may be cured by a defendant’s timely request for abatement to allow for provision of the notice.” Park v. Escalera Ranch Owners’ Ass’n, 457 S.W.3d 571, 59, (Tex. App.— Austin, 2015). 5. Protection of a Ward’s Estate “[T]he trial court abused its discretion because . . . [it] refused to consider evidence (1) about the merits of the underlying suit alleging a breach of fiduciary duty . . . and (2) whether the suit might benefit the ward’s estate, as opposed to the ward personally.” Webre v. Black, 458 S.W.3d 113, 117 (Tex. App.—Houston [1st Dist.] 2014). 6. No Appointment of Receiver “[Appellant] contends that because ‘an event requiring winding up occurred,’ the trial court ‘was authorized under [Texas Business Organizations Code] sections 152.702(a) (3), 101.551, and 11.054 to appoint a receiver to wind up SRE and JSLC.’ Each of those three sections provides for the appointment of ‘a person’ in certain instances pertaining to the winding up of entities. However, none of those sections contains the word ‘receiver’ or provides for the appointment of a ‘receiver.’ Even assuming without deciding the record shows the occurrence of an ‘event requiring winding up,’ we cannot agree with [Appellant] that the appointment of a receiver was authorized by any of those three sections.” Spiritas v. Davidhoff, 459 S.W.3d 224, 235 (Tex. App.—Dallas 2015). 7. Receiver’s Fees. “The receiver’s fees are considered court costs and are given first priority.” RSS Rail Signal v. Carter Stafford Arnett, 458 S.W.3d 72, 77 (Tex. App.— El Paso 2014).

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October 2015

Memorable Quote From County Court At Law Number 3 “I want to soar with the eagles, not fly with the turkeys.” — Litigant, referring to a prior girlfriend.

Legal Quote of the Month

“Crime is common. Logic is rare. Therefore, it is upon the logic rather than upon the crime that you should dwell.” —Sir Arthur Conan Doyle

Old News

In the Vox in Rama, Pope Gregory IX associated cats with devil worship. The subsequent extermination of the felines may well have contributed significantly to deaths by infectious diseases, including the bubonic plague, when these rat predators were removed. 51 Historical Facts That Sound Like Huge Lies, But Are Actually True, Buzz Feed (August 28, 2015), http://www.buzzfeed. com/mikespohr/51-historical-facts-that-are-totally-messedup#.emqkjvew. ■

Help us make sure

No Kid Goes Hungry Tarrant County Food Drive September 20 through November 15

If your firm wants more information, contact Michele Rayburn or Edwin Jenson, II m.rayburn@wallach-law.com • erj@jensen-law-firm.com To make a tax deductible donation, make your check payable to: Tarrant County Bar Foundation and send to ANNUAL FOOD DRIVE • Tarrant County Bar Association 1315 Calhoun Street • Fort Worth, Texas 76102

Medi8withHughes.com John W. Hughes One of the nation’s most experienced and respected mediators. 817.291.4147


Mediation from Both Sides of the Practice

Elliott Garsek

■ Practiced law for more than 40 years ■ Negotiated and resolved numerous multi-million dollar transactions and disputes ■ Regularly listed as one of the nation’s top attorneys in publications such as The Legal News, Best Lawyers in America, Fort Worth, Texas Magazine, and Super Lawyers ■ Serves or has served on boards of directors for public and private institutions

■ Tried more than 40 cases before judges, juries, administrative panels, and arbitrators, and has argued before courts of appeals and administrative bodies ■ Litigated contentious multi-million dollar disputes and negotiated multi-million dollar transactions with some of the most arduous and difficult adversaries ■ Panelist serving as a neutral for mediations and arbitrations presented to, among others, AAA, National Arbitration Forum, Construction Dispute Christian Dennie Resolution Services, USCIB, LCIA, and American Health Lawyers DRS ■ Adjunct professor at Texas A&M University School of Law and Southern Methodist University Mediation and Arbitration Services located in the West 7th St. corridor in a modern space with ample parking 817.731.4500 ■ 920 Foch Street ■ Fort Worth, Texas 76107 ■ www.bgsfirm.com

Space For Lease

TLIEmployees

in the historic

Because of our remarkable staff, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. Those same noteworthy employees and over 35 years in the business are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $36,550,000 to our policyholders. See why our employees make the difference.

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Contact Debara Herring ■ 817.632.6364 dherring@rochester-group.com 505 Pecan Street, Suite 101 ■ Fort Worth, Texas 76102

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October 2015

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

Jason Syesta, Director of Member Services

@TLIE_

facebook.com/TLIE01


Committee Chairs & Chairs Elect Lunch

It’s all Happening at the

Bar! September Membership Lunch

Solo & Small Firm Mixer

Tortfeasors - Meet the Cast Reception

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â–

October 2015


Thank you to these volunteers: 07/09/2015

Norma Bazán Sylvia Duarte Bryce King George Lockwood Scott Phillips Staff Carolina

07/23/2015

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

Joe Colvin Sylvia Duarte Bryce King George Lockwood John Penn Scott Phillips Carey Thompson Sandra Thompson Laurie Weir Staff Carolina

08/13/2015

Norma Bazán Joe Colvin Zoe Courtney George Lockwood John Penn Sandra Thompson Staff Carolina

08/27/2015

Sylvia Duarte Clayton Everett Bryce King George Lockwood Scott Phillips Sandra Thompson Staff Carolina

Refreshments furnished by the Tarrant County Bar Foundation • Dinner served at 5:30 p.m. for all volunteers!

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And, now a word from…

Our Sections

Medi8withHughes.com John W. Hughes

The Tarrant County Bar Association has several sections that hold a variety of events throughout the year. If you are interested in joining a section, please contact the section chair of your choice, or contact Sherry Jones at 817.338.4092 or by email at sherry@tarrantbar.org for more information.

One of the nation’s most experienced and respected mediators. 817.291.4147

Appellate - Mary Barkley Cantey Hanger, LLP 817.877.2889 - mbarkley@canteyhanger.com . . . . . . . . . . . . Dues: $25 Bankruptcy - Clayton Everett Law Office of St. Clair Newbern, III 817.870.2647 - Clayton@EverettLegal.com . . . . . . . . . . . . . . . Dues: $50 Business Litigation - George Muckleroy Sheats & Muckleroy, LLP 817.878.2425 - george@sheatsmuckleroy.com . . . . . . . . . . . Dues: $30 Collaborative - Kate Smith 817.479.0562 - katesmithesq@msn.com . . . . . . . . . . . . . . . . Dues: $20 Construction - Andrew Piel Harrison Steck, P.C. 817.348.0400 - apiel@harrisonsteck.com . . . . . . . . . . . . . . . . Dues: $30 Corporate Counsel - William Fitzgerald Law Offices of William T. Fitzgerald, P.C. 817.806.4501 - william@wtflaw.com . . . . . . . . . . . . . . . . . . . Dues: $20

Tarrant County Bar Association - Fort Worth

C

alendar of Events

Please visit our website for a complete list of upcoming events.

Criminal - Brad Clark The Clark Firm, P.C. 817.332.7739 - fwlawyer@swbell.net . . . . . . . . . . . . . . . . . . Dues: $15

www.tarrantbar.org

Energy - David Palmer Moses, Palmer & Howell, L.L.P. 817.255.9102 - dpalmer@mph.law.com . . . . . . . . . . . . . . . . . . Dues: $20

Law Offices of Jason Smith

Environmental - Erica Paret 714.328.2560 - elynnbourdon@gmail.com . . . . . . . . . . . . . . . Dues: $15 FW Business & Estate - Mark Strand Bank of America 817.390.6916 - mark.p.strand@ustrust.com . . . Dues: $45 for attorneys Intellectual Property - Jeff Williams Law Office of Jeff Williams, PLLC 817. 225.6561 - jeff@williamsiplaw.com . . . . . . . . . . . . . . . . Dues: $25 International & Immigration - Veronica Garza Catholic Charities Diocese of Tarrant County 817.289.2809 - vgarza@ccdofw.org . . . . . . . . . . . . . . . . . . . . Dues: $20 Labor & Employment - Justin Malone Lacy Lyster 817.349.8409 - justin@lacylyster.com . . . . . . . . . . . . . . . . . . . Dues: $20 Real Estate - Greg Monroe Baker Monroe PLLC 817.632.6355 - gmonroe@bamolaw.com . . . . . . . . . . . . . . . . Dues: $15 Solo & Small Firms - Carter Hampton 817.877.4202 - clhampton@hamptonlawonline.com . . . . . . . Dues: $20 Tax & Estate Planning - Shelli Harveson Brown Pruitt Wambsganss Ferrill & Dean, P.C. 817.338.4888 - sharveson@brownpruitt.com . . . . . . . . . . . . . Dues: $35 Women Attorneys - Shelli Harveson Brown Pruitt Wambsganss Ferrill & Dean, P.C. 817.338.4888 - sharveson@brownpruitt.com . . . . . . . . . . . . . Dues: $30

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Trials and Appeals Employment, Personal Injury, Insurance Board Certified Civil Appellate Law

Jason Smith 817.334.0880 600 8th Aveue Fort Worth, TX 76104

letsgotocourt.com

Amerian Board of Trial Advocates


As Tarrant County’s largest criminal justice specific court and probation approved service provider, we want to thank you for the trust you have placed in us over the past 15 years!         

Criminal Case Consulting, Counseling, and Pre-Court Monitoring Substance Abuse Evaluations DWI and Repeat Offender Programs Drug Offender Education Program Theft Intervention Program Anger Control Counseling Pre-Court Domestic Violence Intensive & Supportive Outpatient Treatment Urine and Other Drug Testing Services

Office Space For Lease: I-30 Frontage Access Attorney firm or single office space available. Fifteen minutes from Downtown Ft. Worth. Located at 820 and I-30 with triple freeway frontage advertisement. Discount to Bar Association Members. Contact Heidi at 817-548-9990, option 1. Perfect location for Criminal Defense attorneys as the adjacent tenant is Tarrant County’s largest criminal justice treatment provider. 1,000 to 2,000 square feet available. Water, sewer, trash provided.

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New

TCBA Welcomes Its

Members

Attorneys

Students

Suma Ananthaswamy

Allen Al-Jah

Jonathan Mentesana

Ericha Brown

Meighan Arce

Robin Mills

Natalia Cashen

Nico Arios

Jessica Moody

William Clark

Stephanie Assi

Erika Moon

Andrew Decker

David Ayala

Emma Nystrom

Rachel Dillard

Byron C. Bailey

Victoria Olivarez

Justin Dolan

Hannah Bellue

Madeline Pricer

Amber Elliott

Elizabeth Berthiaume

Joshua Ramirez

April Farris

Lorraine Birabil

Megan Reed

Ryan Fowler

Cary Bruner

Matthew Richter

Graciela Galindo

Nathan Burcham

Patton Ritter

Maggie E. Hill

Daniela Clark

Elisabeth Rodriguez

Michael Kim

Taylor Cummins

Benjamin Sauer

Drew Lagow

Nathan Davis

Hayley Sauer

John McMaster

Nicole Deutsch

Elizabeth Shannon

Richard Preston

Callie Dodson

Hope Shelton

Cynthia Salter

Alexander Elrod

Jordan Simmons

Sharadha Sankararaman

Tyla Evans

Mason Smith

Christine Strock

Kelsey Fahler

Catheline Stanley

Veronica Veyhl

Memrie Gibbons

Shelby Sterling

Stacie Wright

Megan Gresham

Henrik Strand

William S. Gribble

Brian Thompson

Lorena Guajardo

Robert M. Thompson

Evelyn Hernandez

Nicholas Vail

Jessica Nation Holtman

Joshua Wahl

Noah Killebrew

Norman Waldon

Katherine Kim

Rebecca Ward

Ryan Kinkade

Kyle Weldon

Colton Lauer

Lola Wilson

Meredith Livermore

Michael (Drew) Windus

Timothy R. MacGorman

Michael Withrow

Zachary Marcotte

Taylor Wood

Lacy McKinney

Alison Woodruff

Associate Members Trina Brown Karen Collins Gary FusďŹ eld Pete McKone Robin L. Nelson Patricia Nicholson Esther Parker Dustie Sanders

23

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October 2015


Other Associations’

News & Information

Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Larry Gaydos. For location & information, email arlingtonbarassociation@yahoo.com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Sue Allen, President, at 817.926.5005 or sue@sueallenlaw.com. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu, or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd, 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association - General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Crystal Gayden at 817.496.8408 or by email at cgayden@ gaydenlaw.com. 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 at 817.481.1583, lbarrows@ barrowsfirm.com. Tarrant County Criminal Defense Lawyers Association (TCCDlA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Randy Bowers at 817.348.8094 or LELERB@sbcglobal.net. Tarrant County Family Law Bar Association Meets at 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 david@LKattorneys.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Club— members free, guests $30. For more information, contact Tena Fox, 817.280.0811 or tfox@leachlaw.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact John S. Jose at 817.288.8988. Tarrant County Young Lawyers Association 2015-2016 new Bar Year began September 1, 2015. If you need an application or meeting information, call 817.338.4092, email cindy@tarrantbar.org, or go to the website at tcyla.org. 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.

Renew Your Membership Today!

J

uly 1 started the new bar year for TCBA. If you did not receive your invoice, please contact Cindy Rankin at cindy@tarrantbar.org or 817.338.4092 to make sure you do not miss any notices or information sent by TCBA. If you have not renewed, this issue will be the last one you will receive as a 2014-2015 member. Renew now for the 2015-2016 bar year, and be sure to indicate if you want a printed copy of the Bar Bulletin (for an additional $20). If you renewed and did not indicate that you wish to receive a printed copy of the Bar Bulletin, you still can! Just send a note, with $20, stating you wish to receive the printed copy. We will get your records updated accordingly. If you have any questions regarding your membership, please contact Membership Director Cindy Rankin at her mail cindy@tarrantbar.org or call 817.338.4092. ■

APPEALS SMYTHE PC

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Advertisers’ Index Barlow Garsek & Simon, LLP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Center For Therapeutic Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Fort Worth J.S.B. Companies, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 John W. Hughes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 21, 25 Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 KoonsFuller. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside front cover The Law Office of Greg Jackson P.L.L.C. . . . . . . . . . . . . . . inside back cover Law Offices of Jason Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Law Offices of Steven C. Laird, P.C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

24  www.tarrantbar.org ■ October 2015

LawPay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 LexisNexis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Parker Law Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Smythe PC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Southside Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Stephens Anderson & Cummings. . . . . . . . . . . . . . . . . . . . . . . . . back cover Texas Lawyers’ Insurance Exchange. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Tindall Square Office Complex. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18


We Need YOU!!!!

I

f you are an attorney who has been practicing ten years or more, the TCBA needs you as mentor. We need attorneys in criminal, family, and labor, just to name a few areas of practice. Just an hour a month and you will help a young lawyer tremendously! The Transition to Practice mentoring program pairs you with a young lawyer who practices in your area of practice. The group meets six times a year for a free lunch and CLE at the TCBA offices – what a deal! These six luncheons provide you time to visit with your mentee, get acquainted, and discuss any questions the mentee may have about practicing law. The other six months of the year, we hope that you meet with your mentee by phone, over coffee, or for lunch. Please consider serving a mentor. If you have questions or are interested, please contact Cindy Rankin at cindy@tarrantbar.org or 817.338.4092. ■

Medi8withHughes.com

MEDIATE BEFORE YOU LITIGATE

©

Experience only comes with experience… and with more than 6000 Mediations, John Hughes is one of the nation’s most experienced and respected mediators. So whether it’s complicated oil and gas, business, construction or probate conflicts, when your client needs a knowledgeable mediator — there’s just no substitute for experience. AV RATING

Martindale-Hubble Peer Review Ratings

TIER 1 RANKING

U.S. News and World Report 2014 - 2015

TOP ATTORNEY FOR ALTERNATIVE DISPUTE RESOLUTION Fort Worth, Texas Magazine 2003 - 2015

LAWYER OF THE YEAR

Fort Worth Magazine 2003 - 2015

AMERICA’S MOST HONORED PROFESSIONALS 2012 - 2015

TOP 100 IN TEXAS Super Lawyers 2010

SUPER LAWYERS® 2003 - 2015

ATTORNEYS OF EXCELLENCE

Fort Worth Business Press 2003 - 2010

BEST LAWYERS™ (Fort Worth) 2003 - 2015

BEST LAWYERS™ (America) 2008 - 2015

Classified

Advertising NOTICE

Classified ads will no longer appear in the Bulletin, but can be found on the website www.tarrantbar.org 25

www.tarrantbar.org

October 2015

TEXAS BEST

Texas Lawyer 2003 - 2015

NATIONAL ACADEMY OF DISTINGUISHED NEUTRALS Charter Member

For more information visit Medi8withHughes.com or call me at 817.291.4147

John W. Hughes


27  www.tarrantbar.org ■ October 2015


TVAS Holds Wills and Estate Planning Clinic

Len Wade and his son, Landon Wade, worked together to assist a Tarrant County couple with their wills and estate planning documents.

O

n September 15, 2015, Tarrant County Volunteer Attorney Services (TVAS) held a pro bono wills and estate planning clinic for low-income Tarrant County residents and individuals living on a fixed income. Kelly Hart & Hallman sponsored the clinic, and Justice Bonnie Sudderth and Judge Mark Pittman attended the clinic. Prior to the event, TVAS volunteers and TCBA members received free CLE on wills and estate planning matters from Jimalee Splawn (Harris, Finley & Bogle, P.C.). Attorneys Shelli Harveson (Brown Pruitt) and Rob Schmid (Norman & Norman) served as mentors to the volunteer attorneys. TVAS thanks the following volunteers for participating in the wills and estate planning clinic, and those who have agreed to take a case outside the legal clinic:

Volunteer Attorneys: Anna Blair, Wick Phillips Gould & Martin, LLP John Corbin, Law Office of John Corbin Zoe Courtney, Law Offices of Zoe Courtney JD Foster, Law Office of JD Foster Dori Grubaugh, Adams, Lynch & Loftin, P.C. Jessica Lavely, Fidelity Megan Leger, Law Office of Megan Leger Christie Lindsey, Berend & Lindsey, PLLC William Marple, Director of Pro Bono and Bar Relations, Legal Aid of Northwest Texas Julie Jacobsen, Law Offices of Julie Jacobsen Howard Rosenthal, Kelly Hart & Hallman LLP Berkeley Mengwasser, Guerra, Sherwood & Ylanan PLLC Lance Mitchell, Silvas & Routzon, PLLC Anna Patterson, Cotten Schmidt & Abbott, LLP Sharadha Sankararaman, Kodem Law Firm PLLC Charlotte Staples, Law Office of Charlotte Staples Phillip Vasquez, Law Office of Phillip Vasquez Philip Vickers, Cantey Hanger LLP Len Wade, Kelly Hart & Hallman LLP, and son, Landon Wade Nathan Winkler, Shannon, Gracey, Ratliff & Miller, L.L.P. Jordan Woody, Shannon, Gracey, Ratliff & Miller, L.L.P. Andrew Wooley, The Law Office of Andrew Wooley

TVAS has a list of eligible clients on the waiting list for simple will and estate planning. If you are interested in taking a case, please contact Megan Cooley at megan@tarrantbar.org. ■ 28

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October 2015

Justice Sudderth and Judge Pittman with Tarrant County attorney volunteers (top) and law students (bottom).

Volunteers: Michele Darby, Fidelity Jennie Piccolo, Fidelity Diane Zublasky, Fidelity Howard Rosenthal (Kelly Hart & Hallman) assisted a spouse Doris Jackson, of a deceased veteran with her estate planning documents. William S. Harris & Paul A. Conner, Attorneys Katrina Lea, BNSF Railway Melody Mullen, Griffith, Jay & Michel, LLP Star Moore, N. Michael Kensel & JoAnn H. Means, Attorneys Phillip Vasquez (Law Office of Philip Vasquez) and Anna Patterson (Cotten Schmidt & Abbott, L.L.P) Janice Piggott assisted Tarrant County individuals with their estate Texas A&M School of Law planning. Law Student Volunteers: Kendra Calhoun Chelsea Fields David Haley Amber Hluchan Alexandria Huchison Kevin Jackson Members of the Fort Worth Paralegal Association have Lynne Nash volunteered at TVAS legal clinics since the beginning Pedro Morales of the program. Joseph Vrechek

Dori Grubaugh (Adams, Lynch & Loftin) assisted a community member who found out about the clinic through the Fort Worth Star Telegram.


On Injured Reserve?

SM

Trustworthy Counsel to get you back in the game.SM

817.926.1003 / Fax 817.886.3653 gjackson@gregjacksonlaw.com 201 Main Street / Suite 600 / Fort Worth, Texas 76102 29

www.tarrantbar.org

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October 2015


BAR BULLETIN • October 2015

) When )

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

The game

PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX PERMIT 1807

is on the line,

hand

the

ball

off to the guys proven to

gO the ex tra yard.

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 cindy@tarrantbar.org

&

TCBA Member Benefits Vendor List

Call

us

t o d ay

817.920.9000 | STEPHENSANDERSON.COM

personal injury | wrongful death truck & auto litigation | referral fees honored 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 by the Texas Board of Legal Specialization and in Civil Trial Law by the National Board of Trial Advocacy.

STEPGENL5003_Ad_Concepts_3.625x10_R4.indd 1

9/2/15 3:54 PM

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. abaretirement.com. 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 cindy@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Sprint offers 15% off the monthly service. For info, contact cindy@tarrantbar.org 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. www.ups.com 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.

Tarrant County Bar Association October 2015 Bar Bulletin  
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