TCBA Bulletin, February 2015 Issue

Bulletin February 2015

Join us in Montgomery, Texas

Bench Bar Conference XXII

Thanks to our Sponsors Kelly Hart & Hallman LLP Whitaker Chalk Swindle & Schwartz, PLLC Law Office of Steven C. Laird Thompson & Knight LLP LexisNexis McDonald Sanders, PC Winstead PC Haynes and Boone, LLP Koons Fuller Family Law Robert E. Aldrich Brackett & Ellis, P.C. Brown, Dean, Wiseman, Proctor, Hart & Howell, L.L.P. Harris, Finley & Bogle PC Michael J. Henry Lively & Associates, LLP Shannon, Gracey, Ratliff & Miller, LLP State Bar of Texas Bush Rudnicki Shelton, PC Barlow Garsek & Simon, L.L.P. Justice Bill Meier Parker Law Firm Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP Decker Jones McMackin McClane Hall, & Bates, PC Friedman, Suder & Cooke Law Office of Nancy Gordon Law Office of Greg Lehrmann

Bench Bar Conference Committee Fritz Quast • Chair John Shaw • Chair Elect Greg Lehrmann • Finance Chair Mike Henry • President Nick Bettinger • Board Liaison Trisha Graham • Staff Sherry Jones • Staff

Peter Bagley Kirk Bryant Sonya Carillo Janet Denton Jacquelyn Flynt Justice Lee Gabriel Nancy Gordon Kyle Gray

Members Cynthia Gustafson Karmen Johnson Steve Laird Lisa Leaton John Lively Lyndsay Newell Judge Don Pierson Shannon Pritchard

Joe Regan Julie Sladek Bob West Jeff Williams Roger Wood Angel Williams

Tarrant County Bar Association • Bench Bar Conference XXII La Torretta Resort & Spa • Montgomery, Texas Registration Deadline: March 20, 2015 (Registrations after March 20: Add $50 & Subject to Hotel Space Availability) Partial Scholarships Available - See Conference Details

Guest Room Reservations • This facility is 100% non-smoking.

Single $650 (very limited availability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Double $550 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Registration includes: Accommodations Friday and Saturday nights and six meals, hospitality suite and 8.0 hours MCLE credit

Non-Members: Add $125 to the registration fee to cover TCBA membership dues . . . . . .$ Add-on Thursday night stay (room only): $140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Gender:

Male

Female

Roommate

All roommates must be registered to attend. If a roommate is not designated, we will assign one for you.

If ADA requirements are necessary, please indicate. # of years attended Leisure Activities Golf Friday $40 Saturday $60 Golf (Hdcp/Avg. score ) Golf (Hdcp/Avg. score _____) 9 holes with cart . . . . . . . . . . . . 18 holes with cart . . . . . . . . . . . . . . . . . . . . . . . . . $ Gatsby’s Great Escape $50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Scholarship Contribution Please consider making a contribution toward scholarship fund. . . . $ Total Enclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ First time attendee?

Yes

No * New attendee competition (see Conference Details)

If yes, invited by? # of years practicing Name Firm/Office Address Fax

Cell Phone

Email

Area of Practice

/

My check is enclosed Card Number Billing Zip Code Signature

Please charge my registration fee to my:

Mastercard

# of years in practice Visa

American Express

Expiration Date

/

/

Security Code Date Casual attire only!

Make checks payable to TCBA • 1315 Calhoun Street • Fort Worth, Texas 76102-6504 Phone: 817.338.4092 • Fax: 817.335.9238

Cancellations Are Allowed Until March 20, 2015, but Fee Of $50 Will Apply.

After deadline, no refunds are allowed. No exceptions.

2015 Conference Details Join fellow members of the Bench & the Bar at the La Torretta Lake Resort and Spa in Montgomery, April 24-26, 2015 for a memorable opportunity to network and build relationships while enjoying interesting speakers and presentations. This beautiful resort features numerous amenities, exceptional dining, and a perfect setting for our conference social activities.

Recruit Your Friends

Judges’ Cup

Returning Bench Bar attendees are challenged to recruit as many firsttime attendees for Bench Bar XXII as possible. The attorney who recruits the most first-time attendees who register, pay and attend will win a free registration to Bench Bar XXIII (2016).

Envy is a powerful emotion! If your name is not engraved on the “Judges’ Cup,” start practicing now. The traveling Judges’ Cup Trophy will be presented to the winners of the Saturday 18-Hole Golf Tournament during the Saturday evening Awards Presentation.

Scholarships: First-Time Attendees

Gatsby’s Great Escape

First-time attendees who have been licensed for five years or less are eligible for partial scholarships (based on double occupancy). For details and a scholarship form, call Sherry at 817.338.4092. Apply now!

Barlow Big Heart Award James B. Barlow was a loyal attendee and supporter of the TCBA Bench Bar Conference. Jim made everyone feel welcome and was a positive role model for all who attended the conference. In memory and special recognition of him, attendees will nominate a member who actively promotes positive relationships between the bench and bar during the conference. The attendee selected will receive the James B. Barlow “Big Heart” Award.”

Spend Saturday afternoon with a fun group. The scenery will be beautiful and it will be a great opportunity to meet and socialize with fellow attorneys and judges.

Other Events And Activities at Bench Bar XXII Lawyer Olympics Miniature Golf Water Slides & Lazy River Racquetball Courts Spa Facilities

MCLE Credit TCBA will be requesting 8 hours of MCLE credit, including 2.5 hours of ethics.

Friday’s Schedule Bench Bar Conference XXII Friday, April 24, 2015 9:30 a.m. Registration Opens 11:00 a.m. Opening Remarks / Welcome 11:15 a.m. Courtroom Technology Panel Moderator: Nicholas S. Bettinger, McDonald Sanders Law Firm 12:30 p.m. Lunch CLE The Aisle to Same-Sex Divorce Sonya R. Carrillo, Nunneley Family Law Center 1:15 p.m. Why Doesn’t Law School Teach Us HOW to Practice Law Steve Laird, Law Office of Steven C. Laird 2:15 p.m. Oops, I Spoliated Again: Electronic Discovery Issues Everyone Should Know Heather L. King & Jessica Janicek, Koons Fuller, P.C. 3:15 p.m. Adjourn 3:30 p.m. 9-Hole Golf Lawyer Olympics 7:30 p.m. Dinner 9:00 p.m. Casino Night

Saturday & Sunday’s Schedule Bench Bar Conference XXII Saturday, April 25, 2015 8:30 a.m. Advising Clients on COBRA and the Affordable Care Act Rhonda Hunter, Law Office of Rhonda Hunter 9:15 a.m. Social Media Judge J. Wade Birdwell, 342nd District Court 10:00 a.m. Overview of the Tarrant County Criminal District Attorney’s Office Sharen Wilson Tarrant County Criminal District Attorney 11:00 a.m. Legal Marketing Smoke, Mirrors and Snake Oil – Sorting Through It All W. Bradley Parker, Parker Law Firm 11:45 a.m. Shotgun Topics: • Employment Law 2015: It’s About Technology N. Sue Allen, Law Office of N. Sue Allen • Ethical Indigent Criminal Defense Don T. Hase, Ball & Hase • Slides That Work: PowerPoint in the Criminal Voir Dire P. Mike Schneider, Schneider Law Firm 12:30 p.m. Adjourn / Lunch 1:00 p.m. Judges’ Cup Golf Tournament Gatsby’s Great Escape 7:30 p.m. Dinner Awards Presentation Door Prizes 9:00 p.m. Hospitality Villa Open

Sunday, April 26, 2015 8:30 a.m. Breakfast / Departure

P

resident’s page

I

by Mike Henry

hope everyone is enjoying a relatively warm winter. At the time of this writing the weather appears to have been very kind to us, but living in Texas, things can change fairly quickly.

One privilege I had in the month of January was to attend several of the swearing in ceremonies of judges and investitures of other officials. We are very lucky as a county to have such qualified people to step up to the plate and fill these vacancies that are so important to the administration of justice in Tarrant County. It is even more rewarding that many of those who were sworn in are folks that I have known for over 30 years.

As spring approaches we need to keep our eyes on some of the bigger events that will be coming up. The always-popular Tortfeasors is set for March 28, 2015.

Besides being very entertaining and featuring some of our most talented attorneys, the money raised by Tortfeasors is well spent by our Tarrant County Bar Foundation in support of so many local charitable events. It’s truly an event worth seeing, and the money raised through ticket sales goes directly to helping someone or some cause that is well-deserved.

The People’s Law School is April 10, 2015, and is always a big event. Please place that on your calendar now.

Also, the Bench Bar Conference is coming up. It is hard to believe that it’s been going on for 22 years.

As last year, it will be held at the La Torretta Lake Resort & Spa on Lake Conroe in Montgomery, Texas.

For those of you who went last year, you will recall it was a beautiful location. The seminars were well attended and the golf course provided a lot of fun.

Please be sure to schedule your reservation or if at all possible become a sponsor when you are approached by a member of the staff.

By the time you read this there will be Section meetings and luncheons in full swing as those very important parts of our Bar Association begin with the New Year. ■

Mike

February 2015

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TCBA BULLETIN

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C

2015

OUTSTANDING COURT STAFF AWARDS

The Tarrant County Bar Association seeks your vote for the outstanding Court Staff for 2015. Court staff personnel of the courts of Tarrant County, including Deputy District Clerks, Deputy County Clerks assigned to judicial functions; Court Reporters, Court Coordinators, Bailiffs, Court Security Officers, Probate Auditors, and Judges’ non-lawyer clerical staff, and auxiliary court coordinators are eligible. Please cast your vote for your favorite!

ontents

Awards will be presented at the Annual Court Staff Appreciation Reception & Awards Presentation Event THURSDAY, MARCH 19, 2015 from 4:30 to 7:00 pm at the Tarrant County Bar Center

Only TCBA members may vote and only one ballot per member.

All Ballots must have full name, phone number and e-mail address.

Ballots must be received in the Bar office no later than midnight, on February 20, 2015.

OUTSTANDING COURT STAFF AWARDS PLEASE PRINT CLEARLY

Civil (Appellate, District, County, & Probate) Courts:

Federal (Magistrate, District & Bankruptcy):

NAME:

NAME:

COURT:

COURT:

TITLE:

TITLE:

Criminal (District & County) Courts:

7

BALLOT SUBMITTED BY:

NAME:

PRINTED NAME:

COURT:

PHONE:

TITLE:

EMAIL:

Family (including Juvenile) Courts:

Features

BALLOT

Please vote for one proposed honoree in each of the following classifications: 1. Outstanding Court Staff, Civil (Appellate/District/County Courts At Law/Probate) 2. Outstanding Court Staff, Criminal 3. Outstanding Court Staff, Family (including Juvenile Courts) 4. Outstanding Court Staff, Federal

Return this form to: Tarrant County Bar Association Attention Court Staff Appreciation Committee 1315 Calhoun Street, Fort Worth, 76102-6504 Fax 817.335.9238 or Email to: Sherry@tarrantbar.org

NAME: COURT: TITLE:

7 2015 Court Staff Awards Ballot 11 Foundation Chair Letter 13 2015 Tortfeasors5 Sponsorship of Directors 15 Board Candidate Form

11

Immediate Past President Ann Diamond

Fort Worth-Tarrant County Young Lawyers Association

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

Snippets

Janna W. Clarke

The IP Domain

GATEFOLD

Pilot TVAS Guardianship Program Texas Lawyers for Texas Veterans In Memoriam 100 Club Members Lawyers on the Move & in the News

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In every issue

The Lawyer Sketch-Comedy Show Starring Tarrant County Attorneys & Judges

7PM • Saturday, March 28, 2015 Fort Worth Community Arts Center • 1300 Gendy Street • Fort Worth, Texas

Sponsorship Deadline: March 2, 2015 817.338.4092 • www.tarrantbar.org/Foundation

Title Sponsor . . . . . . . . . . . . . . . . . . $5,000 • Name recognition on all promotional items • Full page ad in the show program • 40 tickets to the show with reserved seating • Special recognition in the Bulletin

Producer . . . . . . . . . . . . . . . . . . . . . $2,500 • Half-page ad in the show program • 20 tickets to the show with reserved seating • Special recognition in the Bulletin

Director . . . . . . . . . . . . . . . . . . . . . . $1,000

Stay CONNECTED to Us

• Fourth-page ad in the show program • 8 tickets to the show with reserved seating • Special recognition in the Bulletin

Actor . . . . . . . . . . . . . . . . . . . . . . . . . $500 • Business-card-size ad in the show program • 4 tickets to the show with reserved seating • Special recognition in the Bulletin

Stage Hand . . . . . . . . . . . . . . . . . . . . $250 • Special recognition in the show program • 2 tickets to the show with reserved seating • Special recognition in the Bulletin Tarrant County Bar Foundation provides grants and/or contributions to various Tarrant County community service programs. The proceeds from this fundraiser will benefit these various programs including the Texas Lawyers for Texas Veterans-Tarrant County Chapter (TLTV-TC) and Tarrant County Volunteer Attorneys Service (TVAS). As a 501(c)(3), a portion of your contribution to TCBF will be tax-deductible. For any questions or more information, please contact Trisha Graham 817.338.4092.

Individual Tickets are $25 each. I want to purchase PHONE

FIRM

FAX

ADDRESS CITY METHOD OF PAYMENT

www.tarrantbar.org

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February 2015

tickets. (# of tickets)

NAME

, TX CHECK

Please make your check payable to Tarrant County Bar Foundation and mail to Tortfeasors5 1315 Calhoun Street Fort Worth, TX 76102-6504

2

Nick Bettinger Steven K. Hayes Claudine Jackson

Connie Hall Karmen Johnson

LegalLine

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

2013-2014 Elected Directors

2014-2015 Appointed Directors

TCYLA Snapshot

Calendar of Events Advertisers’ Index Classified Ads Other Associations

2014-2015 Officers President. . . . . . . . . . . . Michael J. Henry President-Elect . . . . . . . David E. Keltner Vice President . . . . . . . . . Robert G. West Secretary-Treasurer . . . .Dabney D. Bassel

Leslie Barrows John Cayce Lance Evans

Information Service News

18 20 20 20

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

2014-2015 Elected Directors

Departments 1 President’s Page 3 CLE Membership Luncheon 4 Transition to Practice 5 New Members 4 Lawyer Referral and 5 6 8 10 12 14 16 17 19

Tarrant County Bar Association

CHARGE

MC

ZIP

VISA

CREDIT CARD NUMBER EXPIRATION NAME ON CARD

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AmEX

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SECUTITY CODE

ZIP CODE ON CARD

Bar Bulletin

John F. Murphy, Editor H. Dennis Kelly, Assistant Editor Ameera Hallaq, Staff Editor ameera@tarrantbar.org • 817.338.4092 Graphics/Production Park Place Enterprises, Inc. ggpark@flash.net • 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: 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 ameera@tarrantbar.org 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.

CLE Membership Luncheon to Honor 50-Year Attorneys Topic: “50 Years and Counting!”

A

Special February CLE Membership Luncheon will be held at the Fort Worth Club on Tuesday, February 10 from 11:45 a.m. to 1:00 p.m. and will feature an address by Criminal District Attorney Sharen Wilson honoring attorneys who have been licensed and have practiced law for 50 years.

Sharen took her Oath of Office as 14th Criminal District Attorney for Tarrant County on January 1, 2015, and is the first woman to hold this position.

Under her direction, the Office will focus on crimes against the elderly, with an emphasis on elder financial abuse and elder abuse. Additionally, all claims of actual innocence will be carefully examined to ensure that the guilty are convicted and the innocent are freed. Sharen served for 23 years as the Judge of Criminal District Court No.1. She was the founding judge of the Felony Alcohol Intervention Program, a post-conviction supervision effort that changed the lives of many alcoholics. Before becoming judge, she was an assistant district attorney for Tim Curry and in private practice with Simon, Anisman, Doby, Wilson and Skillern.

Date

Sharen graduated from Texas Tech University School of Law, and she is board certified as a specialist in criminal law. Her topic will be “50 Years and Counting!” The luncheon program will include acknowledgment of attorneys who, in 2014, reached the 50 status. Honorees for this year’s elite group include: David Farris, John B. Foster, James R. Handy, Ted D. Mayo III, J. Shelby Sharpe, George A. Staples Jr., John R. (Randy) Thompson Jr., William L. (Bill) White, and W. Bernard Whitney. All past “50-YearAttorneys” are invited to attend as guests of TCBA. This event will be co-hosted by the TCBA and the TCYLA. The cost of the buffet meal is $26 for members of either association with reservations and $31 for walk-ins. Guests may also join us for this event for $31. For reservations, please contact Sherry Jones at 817.338.4092 or e-mail: sherry@ tarrantbar.org. Reservations can also be made online by going to www. tarrantbar.org, selecting the “Home” tab, and then selecting “Calendar” from the drop-down menu. Locate February 10, then “Membership Luncheon,” and then select the “register”

Keynote Speaker Sharen Wilson

link. Dress is business casual–suits and ties are not required. The Fort Worth Club is located at 306 West 7th Street, 12th floor. Parking is limited at the Fort Worth Club, but satellite parking may be available at nearby parking garages or parking meters.

For directions, visit the Fort Worth Club’s website www.fortworthclub. com. ■

Save the

Saturday, March 28

February 2015

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TCBA BULLETIN

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Transition to Practice Lawyer Referral and Gets Started for 2015! Information Service

T

he Transition to Practice mentoring group will begin its sixth year of mentoring young lawyers with a seminar luncheon planned for Wednesday, March 25 from 12 noon-1pm! The topic will be “What To Do When You Find Out Your Client Lied Under Oath, or Plans To” and will be addressed by Donna Tipotsch from the Office of the Chief Disciplinary Counsel State Bar of Texas. Lawyers seem to naturally panic when confronted with a client or their nonclient witness fabricating at depositions, hearings or trials. Younger attorneys, especially, need to understand their duties and potential consequences under the Disciplinary Rules 1.05 and 1.15, and Rule 503 (d)(1) T.R.E. in such circumstances.

Please join us at the TCBA with your r.s.v.p. to Cindy Rankin at cindy@tarrantbar.org or 817.338.4092. ■

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www.tarrantbar.org

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February 2015

News

Thanks to the following attorneys for paying their referral fees since last reported: Borsellino, Josh Duarte, Sylvia Hendricks, Brad Kisselburgh, Robert McCombs, Jeff Moore, Caleb Phillips, Scott Seibert, Andrew If you need a referral or if you need to refer a client to the Lawyer Referral Service, please call 817.336.4101. If you are interested in membership in LRIS please email Cindy Rankin at cindy@tarrantbar.org or call 817.338.4092.

t o h s p a n S YLA

I

t feels as if it were just yesterday when I took over the role as TCYLA’s President, but now my term has officially come to an end. It has truly been a pleasure and an honor serving as a board member and officer of this great organization. I want to sincerely thank Cindy Rankin, Trisha Graham, Ameera Hallaq, the Board, the past leaders of Ryan Scharar TCYLA, and all of the TCYLA members President, TCYLA for making my time so enjoyable and rewarding. Chris Stoy will soon take over as President, with Amber Altemose as your President-Elect. Congratulations to them for reaching these leadership roles, and I wish them all the best.

As President of TCYLA, my goal was to serve the interests of our members while giving back to the greater Tarrant County community. TCYLA members helped me achieve this goal by remaining active in TCYLA events and by volunteering their time in the spirit of public service. Over the past year, our members have dedicated countless hours toward a variety of public service initiatives supported by TCYLA. We have also raised thousands of dollars to benefit several local charities and worthy causes.

A good example of our commitment to public service was on display recently when we hosted our first-ever Super Bowl-themed party benefiting the families and patients at Cook Children’s Hospital. We also just wrapped up our annual joint networking event at Martin House Brewery with the Fort Worth Chapter–Texas Society of CPAs. I hope attendees were able to visit with friends and to make some new connections that will turn into valuable professional ties for years to come.

Through TCYLA, I have developed a close network of friends and colleagues who are attorneys practicing in different areas of the law in Tarrant County. It’s relationships like these that are the best resource for any young lawyer, and TYCLA is a great way to get involved with the Tarrant County Bar. If you haven’t yet had the opportunity to join us for one of our events, I encourage you to come out, meet your peers, and get involved. This month is TCYLA board election month, so if you’re interested in running for a spot on our board, let me know and plan to attend our member luncheon on February 17 at Reata, where the elections will be held. We’re also hosting another “Buzz for a Cause” happy hour at Little Red Wasp on February 19 benefiting Clayton Yes! I look forward to seeing you all at one of our events soon. ■

Ryan

February 2015

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TCBA BULLETIN

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Thanks to our January 8 & 22 Attorney 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

trisha@tarrantbar.org.

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

Upcoming LegalLine dates will be February 12 & 26

WE ALWAYS NEED VOLUNTEERS!!!

Space For Lease in the historic

Tindall Square Office Complex in Downtown Fort Worth

■ ■ ■ ■ ■ ■

Parking available Up to 10,000 square feet of office space available with rates starting at $18.50 psf.

Current office tenant base includes attorneys, private investment firms and accountants.

Executive suites for attornerys available, call for details.

Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately

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

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www.tarrantbar.org

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February 2015

AFFIRMED Judgment upheld.

TLIE was voted best in Texas.

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

INFO@TLIE.ORG / WWW.TLIE.ORG

THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK THANK

YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK4:30 YOU THANK YOU THANK pm – 7:00 pm YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK Come and show your appreciation YOU THANK YOU THANK YOU THANK YOU THANK to YOU the dedicated court staff YOU THANK YOU THANK THANK YOU THANK that help theYOU legalTHANK community a daily YOU THANK YOU on THANK YOUbasis!

THANK YOU THANK YOU THANK YOU THANK YOU THANK PleaseTHANK contact Sherry YOU THANK YOU YOU Jones THANK YOU THANK if you are interested in a sponsorship for thisYOU event. THANK YOU THANK YOU THANK YOU THANK Sherry@tarrantbar.org or 817.338.4092.

YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU THANK

Court Staff Appreciation Reception and Awards

2015

Thursday, March 19

OUTSTANDING COURT STAFF AWARDS

The Tarrant County Bar Association seeks your vote for the outstanding Court Staff for 2015. Court staff personnel of the courts of Tarrant County, including Deputy District Clerks, Deputy County Clerks assigned to judicial functions; Court Reporters, Court Coordinators, Bailiffs, Court Security Officers, Probate Auditors, and Judges’ non-lawyer clerical staff, and auxiliary court coordinators are eligible. Please cast your vote for your favorite!

YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU YOU

BALLOT

Please vote for one proposed honoree in each of the following classifications: 1. Outstanding Court Staff, Civil (Appellate/District/County Courts At Law/Probate) 2. Outstanding Court Staff, Criminal 3. Outstanding Court Staff, Family (including Juvenile Courts) 4. Outstanding Court Staff, Federal

Awards will be presented at the Annual Court Staff Appreciation Reception & Awards Presentation Event THURSDAY, MARCH 19, 2015 from 4:30 to 7:00 pm at the Tarrant County Bar Center

Only TCBA members may vote and only one ballot per member.

All Ballots must have full name, phone number and e-mail address.

Ballots must be received in the Bar office no later than midnight, on February 20, 2015.

OUTSTANDING COURT STAFF AWARDS PLEASE PRINT CLEARLY

Civil (Appellate, District, County, & Probate) Courts:

Federal (Magistrate, District & Bankruptcy):

NAME:

NAME:

COURT:

COURT:

TITLE:

TITLE:

Criminal (District & County) Courts: NAME: COURT: TITLE:

Family (including Juvenile) Courts: NAME: COURT: TITLE:

BALLOT SUBMITTED BY: PRINTED NAME: PHONE: EMAIL:

Return this form to: Tarrant County Bar Association Attention Court Staff Appreciation Committee 1315 Calhoun Street, Fort Worth, 76102-6504 Fax 817.335.9238 or Email to: Sherry@tarrantbar.org February 2015

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TCBA BULLETIN

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Snippets

Civil and Criminal

by Judge Bob McCoy

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Bryant-Irving Road: It was given the name of two farmers who owned property in the area.

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 shock probation?

“Shock probation” is the term used to describe a trial court’s action in awarding a convicted defendant probation after the defendant has already spent some time in confinement. A trial judge may not grant shock probation unless the defendant is eligible for judge-ordered community supervision.

State v. Garza, 442 S.W. 3d 585, 587-88 (Tex. App.—San Antonio 2014).

Ask The Danes Ramses and Moses, if a veterinarian reports animal cruelty, is he opening himself up to a lawsuit from the accused?

No. A veterinarian who in good faith and in the normal course of business reports to the appropriate governmental entity a suspected incident of animal cruelty under Penal Code §§ 42.09 or 42.092, is immune from liability in a civil or criminal action brought against the veterinarian for reporting the incident. Tex. Occ. Code § 801.3585.

Ramses

The Danes’ Quote Of The Month “I once heard a woman who’d lost her dog say that she felt as though a color were suddenly missing from her world: The dog had introduced to her field of vision some previously unavailable hue, and without the dog, that color was gone.” –Caroline Knapp, “The Color of Joy”

CIVIL ITEMS OF INTEREST 1. Interpreting Mandate on Remand “In interpreting the mandate of an appellate court, the courts should look not only to the mandate itself, but also to the opinion of the court.”

Warren E & P, Inc. v. Gotham Ins. Co., 442 S.W.3d 360, 363 (Tex. App. —San Antonio 2014).

2. Attorneys Fees–Declaratory Judgment “When a claim for attorney’s fees is based on Chapter 38 of the Texas Civil Practice and Remedies Code, the trial 8

www.tarrantbar.org

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February 2015

Probate Court No. 2

County Criminal Court No. 3

Who’s That Street Named After?

Moses

Co-Editor Lin Morrisett Associate Judge

court may take judicial notice of the usual and customary attorney’s fees, and those fees are presumed to be reasonable, although the presumption may be rebutted.

However, in a declaratory judgment action, a party enjoys neither the presumption of reasonableness nor the availability of judicial notice.. But unlike a suit under Chapter 38, attorney’s fees may be awarded to the nonprevailing party in a suit for declaratory judgment.”

Griffin v. Long, 442 S.W.3d 380, 389 (Tex. App. —Tyler, 2011) (internal citations omitted).

3. Choice of Law Provisions “[P]arties ‘cannot require that their contract be governed by the law of a jurisdiction which has no relation whatever to them or their agreement,’ and ‘they cannot by agreement thwart or offend the public policy of the state the law of which ought otherwise to apply.’ However, ‘application of the law of another state is not contrary to the fundamental policy of the forum merely because it leads to a different result than would obtain under the forum’s law.’ Moreover, the fact that the law of another state is materially different from the law of this state does not itself establish that application of the other state’s law would offend the fundamental policy of Texas.”

Gator Apple, LLC. v. Apple Tex. Rests., 442 S.W.3d 521, 532 (Tex. App. —Dallas 2014)(internal citations omitted).

4. Inferred Waiver “A party’s intention regarding waiver can be inferred from conduct. However, no such inference of waiver can be drawn when the unambiguous language of the contract states a contrary intention.”

Gator Apple, LLC. v. Apple Tex. Rests., 442 S.W.3d 521, 538 (Tex. App. —Dallas 2014)(internal citations omitted).

5. Venue Provisions “[W]hen parties agree merely that courts in a particular jurisdiction have venue or are proper venues for disputes and do not provide that the jurisdiction has exclusive venue, the agreement does not establish the parties’ consent to the jurisdiction of the courts in question.”

Vak v. Net Matrix Solutions, Inc., 442 S.W.3d 553, 560 (Tex. App. —Houston [1st Dist.] 2014).

6. Informal Fiduciary Relationship “Informal fiduciary relationships, sometimes referred to as “confidential relationships,” may give rise to a fiduciary duty where one person trusts in and relies on another, whether the relation is a moral, social, domestic, or purely personal one. … A party claiming the existence

of an informal fiduciary relationship (confidential relationship) must have been accustomed to being guided by the judgment or advice of the other.”

Vanderpool v. Vanderpool, 442 S.W.3d 756, 764 (Tex. App.—Tyler, 2014)

CRIMINAL ITEMS OF INTEREST 1. Complaint on Appeal “To avoid forfeiture of a complaint on appeal, all a party has to do is let the trial judge know what he wants and why he thinks he is entitled to it and do so clearly enough for the judge to understand the request at a time when the trial court is in a proper position to do something about it.”

Bedolla v. State 442 S.W.3d 313, 316 (Tex. Crim. App. 2014).

2. Unlawful Carrying of Weapons “The UCW (unlawful carrying weapons) statute allows a person to carry a handgun on any real property that is his own property or that he controls, whether it be a residence, a business, or even a vacant lot.”

Chiarini v. State, 442 S.W.3d 318, 320 (Tex. Crim. App. 2014).

3. “Improper Photography or Visual Recording Statute “We hold that, to the extent it proscribes the taking of photographs and the recording of visual images, is unconstitutional on its face in violation of the Free Speech clause of the First Amendment.

Ex Parte Thompson, 442 S.W.3d 325, 351 (Tex. Crim.

App. 2014).

7. Custodial Interrogation “Custodial interrogation is questioning by law enforcement officers after a person has been taken into custody or deprived of his freedom of action in any significant way. To determine whether an individual was in custody, a court must examine all of the circumstances surrounding the interrogation, but the ultimate inquiry is simply whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest. A person is in custody only if, under the circumstances, an objectively reasonable person would believe that his freedom of movement was restrained to the degree associated with a formal arrest.”

Wilson v. State, 442 S.W.3d 779, 784 (Tex. App.— Fort Worth 2014) (internal citations omitted).

Quote Of The Month “The supreme value is not the future but the present. Whoever builds a house for future happiness builds a prison for the present.” —Octavio Paz

Old News-The Dollar Bill On the backside of the dollar bill are two large circles that together comprise the Great Seal of the United States. Interestingly, inside these circles there are thirteen steps on the pyramid, thirteen letters in Latin above the pyramid, thirteen stars above the eagle, thirteen bars on the shield of the eagle, thirteen leaves on the olive branch, thirteen arrows, and thirteen letters on the sash held in the eagle’s mouth. ■

4. Temporary Detention “An officer must suspect that ‘some activity out of the ordinary is occurring or has occurred, some suggestion to connect the detainee with the unusual activity, and some indication the unusual activity is related to crime’ in order to temporarily detain a suspect. The detaining officer must have a particularized and objective basis for suspecting the particular person of criminal activity.

Boyd v. State, 442 S.W.3d 463, 46778 (Tex. App.—Eastland 2013).

5. Self Defense “A defendant is entitled to an instruction on self-defense if the issue is raised by the evidence, whether that evidence is strong or weak, unimpeached or contradicted, and regardless of what the trial court may think about the credibility of the defense.”

Lee v. State, 442 S.W.3d 569, 577 (Tex. App.— San Antonio 2014).

6. Judgment Nisi “‘A judgment nisi is prima facie proof that the statutory requirements have been satisfied and the burden is on the defendant to affirmatively show otherwise.’ . . . ‘Nisi means “unless,” so a judgment nisi is valid unless a party shows cause why it should be withdrawn.’”

McCarter v. State, 442 S.W.3d 655, 658 (Tex. App.—El Paso 2014)(internal citations omitted).

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THE IP DOMAIN:

Internet TV in a Post-Aereo World

By Tom Williams and Dustin Johnson

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ast June, the United States Supreme Court held that Aereo’s system for transmitting over-the-air television broadcasts over the Internet violated copyright law, concluding, in a 6-3 decision, that Aereo both performed the television broadcasts at issue and did so “publicly.” Am. Broad.

Cos., Inc. v. Aereo, Inc., 134 S. Ct. 2498 (2014). Aereo has ceased operations and filed bankruptcy, but both policymakers and media companies have taken steps to respond to the market demand Aereo sought to fill.

In its opinion, the Court emphasized that Aereo’s service was very similar to the cable-television systems Congress sought to regulate in the 1976 Copyright Act, and the Court accordingly held that Aereo’s performances were public and unauthorized. The catch-22 for Aereo was that under current Federal Communications Commission regulations, both the Copyright Office and the Second Circuit determined that Aereo was not a cable system, and it was therefore ineligible to participate in the Copyright Act’s compulsory license system. Since the Supreme Court ruling, two possible solutions to this problem have begun to take shape.

The first is market based. Media companies do not infringe by simply transmitting content they own or appropriately license. Therefore, for example, in October CBS introduced its own CBS All Access Internet-streaming service, which, for $5.99 per month, offers live CBS content (in certain markets) as well as on-demand access to “over 6,500” recent episodes and “classic TV hits.” Similarly, HBO has announced plans to launch a stand-alone, online streaming service in 2015, and while HBO has not publicized details of the proposed service, the announcement alone created a significant buzz about the future of traditional cable systems. And on January 5, 2015, Dish Network unveiled its new Sling Television product—an Internet-based streaming serTom Williams is a partner vice that is untethered from in the Fort Worth office Dish’s traditional television of Haynes and Boone, service and packages togethLLP. He may be reached er some of the more popular at thomas.williams@ channels from its television haynesboone.com or service, including the Disney 817.347.6625.

Channel, Food Network, CNN, Dustin Johnson is a partner in the Fort Worth and ESPN. and Richardson offices There are three significant of Haynes and Boone, challenges to this model. The LLP. He may be reached first is price and specifically at dustin.johnson@ whether consumers will be haynesboone.com or willing to swap one large cable 972.739.6969. bill for several smaller bills and Matthew Chiarizio, an associate in the fewer channels. Second, serDallas office of Haynes and Boone, LLP, assisted in the preparation of this article. vice providers looking to “bundle” multiple channels into a 10 www.tarrantbar.org ■ February 2015

single streaming service must have content providers on board, an effort that has had limited success so far. Many content providers are torn between maintaining their lucrative relationships with traditional television providers and the fear of being left behind if—or when—the streaming television model takes over. Third, many of the traditional television providers are also Internet service providers and in many locations may be the only Internet provider.

These traditional service providers may be forced to raise their prices for Internet service if they begin losing significant television service market share to online rivals.

The second possible solution to the problem of an Internet broadcast being unable to avail itself of the Copyright Act’s compulsory license system is policy based. On December 17, 2014, the FCC released a notice of proposed rulemaking to “modernize” its interpretation of the term multichannel video programming distributor (MVPD) to make it technology-neutral. Under current regulations, MVPDs must sell both content-serving channels and the transmission path of those channels, that is, the cable or satellite medium actually used to deliver the video programming. The requirement that an MVPD sell the transmission path has been a stumbling block for online video providers because online video providers do not sell the broadband connection over which they transmit programming. Thus, such services could not be classified as MVPDs, as Aereo discovered. The proposed rulemaking could remove that requirement and has the potential to change the media landscape.

Allowing online video providers to be classified as MVPDs could give them many benefits, such as rights to the compulsory licensing scheme of the Copyright Act and access to other programming on nondiscriminatory terms and conditions. However, it may also come with many of the regulatory burdens that cable and satellite systems currently bear. While some commentators believe this is the first step toward a la carte video service, others are less optimistic and are concerned about the possibility of increased regulation of Internet-based video. Still others point out that while the recent proposed rulemaking signals the FCC’s interest in allowing online competition, it is still trying to fit a completely new product—streaming video service—into a framework that Congress and regulators designed decades ago for traditional over-the-air and coaxial cable video providers.

While the market solution moves forward, policy changes crawl. The FCC’s proposed rulemaking merely opens the public comment period. Even if the proposed changes to the definition of MVPD are enacted, many questions remain, most importantly, how the Copyright Office, courts, and possibly even Congress might respond. While the Aereo decision lit a regulatory fire, online video providers still have far to go before they are ready for primetime. ■

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foundation chair

ime deadlines being what they are, I’m standing here on Christmas Eve thinking of writing this message for the upcoming year. You, on the other hand, are in the upcoming year, 2015. But look back to 2014 with me. Looking back, you know what I’m thinking? I’m thinking how proud I am of our legal community. I’m thinking how fortunate we are, how challenged we are, and how capable we are in addressing challenges. At the moment, unfortunately, I’m also thinking how it always seems that we are losing wonderful lawyers due to their passing during the holiday season. Bet you thought that, too.

I’m thinking how glad we are that young lawyers are always arriving. I’m thinking how much we are all looking forward to 2015. And I’m thinking that I’m particularly proud of the impact on our community of the charitable and educational programs provided through the efforts of our members, our Bar Association, and our Foundation.

You’re thinking, “Rick’s rambling, and either his article is too late or his topics are too early.” But bear with me; I think you may be surprised at all you have done and all we’re going to do.

Beginning in the late ‘90s, through the monetary contributions, perseverance, and good old-fashioned hard work of many, we acquired and renovated the Bar building. In doing so, we established a meeting place that we use daily to carry out your Foundation’s charitable and educational purposes, including the furtherance of justice through legal education and legal aid for the indigent and the working poor.

The commitment and follow through of you, the members of the Tarrant County Bar Association and the Tarrant County Bar Foundation, have made all the difference. As an overview of your impact, your Pro Bono Program Director, Megan Cooley, has provided me with a list of the highlights of the charitable and educational programs provided through these efforts: • The promotion of pro bono involvement by Tarrant County attorneys, judges, staff, and community volunteers through Tarrant County Volunteer Attorney Services. Since its inception in 2012, TVAS has assisted over 100 individuals with family law and estate planning matters.

• The legal support of over 1,800 veterans and their families through Texas Lawyers for Texas Veterans—Tarrant County Chapter. In 2013–2014, more than 400 attorneys provided advice and additional legal assistance to over 500 veterans in a wide range of areas, including bankruptcy, family, consumer, housing, and civil law.

• Opportunities for free legal advice for the public through LegalLine. During the past year, more than 130 attorneys provided over 250 hours of legal advice to the general public.

• Over 1,900 hours of pro bono legal services in the past two years.

• Fellowship opportunities for law students at Texas A&M University School of Law as a result of a partnership with the Tarrant County Young Lawyers. In addition, law students support the pro bono programs by volunteering through the Equal Justice Program and receive internships and mentorship opportunities with area attorneys as a result.

• Free legal education on a number of topics offered through the People’s Law School.

• The development and distribution of the Elder Law Handbook, a comprehensive resource for the aging community.

• Community partnerships with Carter Blood Center, Habitat for Humanity, and Tarrant Area Food Bank. Through these partnerships, Tarrant County attorneys have collected food, built houses, and participated in numerous blood drives.

• A mentoring program by Tarrant County attorneys with Big Brothers Big Sisters that supports young students in surrounding schools.

• Support and involvement with National Adoption Day, an event that fosters awareness of foster care adoptions and results in the finalization of the adoptions for area foster care children and their families.

• Financial support of the Court Appointed Special Advocates Program’s provision of continuing education to its volunteers. CASA recruits, trains, and supervises local volunteer advocates who provide a voice for abused and neglected children.

I’m thinking that’s an impressive list. You’re thinking I may have a point. Let’s carry on in 2015 and spread the word. One last thought: It is in giving that we receive. If you’re going to plagiarize—Go Big. Let’s keep on Thinking and Doing. Here’s to a great 2015. ■

Rick Sorenson

annual meeting tuesday, january 27 5:30PM - 7:00pm • TCBA Office

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Pilot TVAS Guardianship Program

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arrant County Attorney Volunteer Services is excited about its newest endeavor, a pilot guardianship clinic to be held in partnership with Tarrant County Probate Court No. 1. In January, Judge Steve King taught a CLE to TVAS volunteers initiating them on what they need to know to file guardianship applications on behalf of qualifying parents of children who, upon turning 18, will need guardianships of the person. At the guardianship event, scheduled for April, TVAS volunteers will meet with their clients to prepare and file guardianship applications. “We are thrilled about this new opportunity to match those who need, but cannot afford, quality legal help with willing volunteer attorneys,” said Tarrant County Pro Bono Programs director, Megan Cooley. “The guardianship program promises to be

Law Offices of Jason Smith

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

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

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letsgotocourt.com February 2015

Amerian Board of Trial Advocates

a perfect complement to TVAS’s existing estate planning, family law, and adoption programs.” TVAS thanks Judge King, Probate Court No. 1 Investigator Barrie Allen, and the Tarrant County Probate Bar for their generous assistance in organizing this program.

Pro Bono Volunteer Spotlight: Leslie Hunt Leslie Hunt first volunteered to provide pro bono legal services several years ago when she accepted cases referred by Legal Aid of Northwest Texas helping low-income individuals prepare and probate wills. In November 2014, she volunteered as part of the TVAS pro bono estate planning clinic, where she helped a low-income individual prepare estate planning and ancillary documents.

Leslie, who practices civil litigation at Decker Jones, Leslie Hunt initially decided to get involved in pro bono simply because she became aware that somebody needed help, and she knew she was in a position to be able to offer that help.

In addition to her pro bono service, Leslie also volunteers with the Junior League of Fort Worth, where she helps place volunteers in various local social and community service agencies. She is a past-president of the Tarrant County Young Lawyers’ Association and is active in the Mahon Inn of Court, and recently served as a volunteer judge for Region 11, Fort Worth area high school mock trial competition.

Leslie grew up in Clarksville, Arkansas; obtained her bachelor’s degree from Westminster College in Fulton, Missouri; and attended law school at Baylor. After graduating from law school in 2004, she joined Decker Jones. When not working or volunteering, Leslie spends her free time with her husband and their three-year-old daughter, Pearl. ■

The Lawyer Sketch-Comedy Show Starring Tarrant County Attorneys & Judges

7PM • Saturday, March 28, 2015 Fort Worth Community Arts Center • 1300 Gendy Street • Fort Worth, Texas

Sponsorship Deadline: March 2, 2015 817.338.4092 • www.tarrantbar.org/Foundation

Title Sponsor . . . . . . . . . . . . . . . . . . $5,000 • Name recognition on all promotional items • Full page ad in the show program • 40 tickets to the show with reserved seating • Special recognition in the Bulletin

Producer . . . . . . . . . . . . . . . . . . . . . $2,500 • Half-page ad in the show program • 20 tickets to the show with reserved seating • Special recognition in the Bulletin

Director . . . . . . . . . . . . . . . . . . . . . . $1,000 • Fourth-page ad in the show program • 8 tickets to the show with reserved seating • Special recognition in the Bulletin

Actor . . . . . . . . . . . . . . . . . . . . . . . . . $500 • Business-card-size ad in the show program • 4 tickets to the show with reserved seating • Special recognition in the Bulletin

Stage Hand . . . . . . . . . . . . . . . . . . . . $250 • Special recognition in the show program • 2 tickets to the show with reserved seating • Special recognition in the Bulletin Tarrant County Bar Foundation provides grants and/or contributions to various Tarrant County community service programs. The proceeds from this fundraiser will benefit these various programs including the Texas Lawyers for Texas Veterans-Tarrant County Chapter (TLTV-TC) and Tarrant County Volunteer Attorneys Service (TVAS). As a 501(c)(3), a portion of your contribution to TCBF will be tax-deductible. For any questions or more information, please contact Trisha Graham 817.338.4092.

Individual Tickets are $25 each. I want to purchase

tickets. (# of tickets)

NAME

PHONE

FIRM

FAX

ADDRESS CITY METHOD OF PAYMENT

, TX CHECK

Please make your check payable to Tarrant County Bar Foundation and mail to Tortfeasors5 1315 Calhoun Street Fort Worth, TX 76102-6504

CHARGE

MC

ZIP

VISA

AmEX

DISCOVER

CREDIT CARD NUMBER EXPIRATION NAME ON CARD

/

/

SECUTITY CODE ZIP CODE ON CARD

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Texas Lawyers for Texas Veterans

Tarrant County Chapter

by Megan Cooley

Profiles of Service

A

s part of its series of volunteer profiles, TLTV highlights the efforts of the many law students who contribute to TLTV’s programs by volunteering at the legal clinics, as well as “behind the scenes” at the Tarrant County Bar Association. The involvement of law students in pro bono is a win-win proposition. While volunteering, law students are able to interact with attorneys and judges, as well as clients, during the legal clinics. In addition, law students volunteering with TLTV have been able to apply their research skills to assist attorneys who represent veterans.

At the same time, TLTV relies on the regular involvement of law students to provide pro bono services to its clients.

TLTV, for example, has benefited from the recent fellowship program for law students made possible by the Tarrant County Young Lawyers and the Tarrant County Bar Foundation. Past intern Sarah Burns and current intern Whitley Zachary (both third years at Texas A&M University School of Law) have worked closely with TLTV and TVAS through the fellowship program.

This issue is dedicated to the law students who volunteer for TLTV while balancing their academic commitments and make the provision of pro bono services possible as a result. Below are profiles of a few of the volunteers:

making a difference in our own backyard here in the Fort Worth area.”

Beth Thurman: Beth Thurman (pictured below, front row, far right), a third-year law student at the Texas A&M University School of Law, grew up in upstate New York but considers Fort Worth home. She moved to the area with her family seven years ago after serving eight years in the United States Navy. During her service, she flew as a Naval Flight Officer aboard a P3 Orion aircraft serving in Operation Enduring Freedom. As a Tactical Coordinator and Mission Commander, Beth flew in two deployments to the Middle East and the Pacific Rim. She also served with the Chief of Naval Air Training. After her service she enrolled in law school, and she considers public service an integral part of life and legal practice. Volunteering at the TLTV legal clinics affords her an opportunity to serve the community that gave her so much.

Student volunteers at the TLTV clinic

David Welch David (pictured in the back row, second from right) is a third-year law student at the Texas A&M University School of Law, and he graduated from TCU in 2012 with a degree in sociology. During law school, he has enjoyed studying civil law, and he has had the opportunity to sit with volunteer attorneys during TLTV clinics while they advise veterans on civil-law matters. In addition, David helps set up for the legal clinics and assists with the intake process by interviewing veterans prior to their legal consultations. In David’s words, “I enjoy the TLTV clinics because I feel like I am helping veterans who have given so much to this country. The pro bono clients help me to work on the skills needed when talking to clients about their issues.”

Daniel Gibbins: Daniel (pictured above, back row, third from right) is from Larue, a very small town in East Texas. His graduating class consisted of only 42 students. He is a third-year student at Texas A&M University School of Law. As a result of witnessing the impact oil and gas production has on local communities, especially his hometown, Daniel is interested in practicing law in the energy field. Daniel volunteers for TLTV monthly clinics and assists with the intake process and the preparation for the clinics. In Daniel’s words, “I enjoy being a part of the Texas Lawyers for Texas Veterans’ pro bono clinics because I get to work face to face with individuals that have made great sacrifices in duty to our country.

Above all, I thoroughly enjoy not only being a part of a great program making a difference, but a great program that is

Jimmy “Dwight” Tom Dwight (pictured above, front row third from right) is a regular fixture at the TLTV legal clinics, and he volunteers by calling and interviewing veterans by phone prior to the clinics. Dwight worked for the United States Postal Service for 15 years and then decided it was time for a new challenge. In his words, “I took a chance, applied to law school, and well, here I am.” As for his involvement with TLTV, Dwight believes, “Pro bono with TLTV has been the perfect fit for me. As a Texas veteran, I am grateful for the opportunities I have been afforded at the USPS and now at TAMU Law. I feel a sincere obligation to serve my fellow veterans.” ■

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January 2015

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Tarrant County Bar Association Candidate for Position on Board of Directors Biographical Information Note: Information must be typed. Please use additional plain sheets of paper as needed.

We reserve the right to edit copy to fit space requirements. Written bios are limited to 200 words.

NAME POSITION SOUGHT FIRM/AGENCY/CORPORATION LAW SCHOOL DATE/DEGREE

PRESENT POSITIONS/ACTIVITIES WITH TCBA

ORGANIZATION/ASSOCIATION MEMBERSHIPS

HONORS/AWARDS

TARRANT COUNTY BAR ASSOCIATION DIRECTOR CANDIDATE REQUEST Send this information with a photograph to: Tarrant County Bar Association 2015-2016 Election Committee 1315 Calhoun Street Fort Worth, Texas 76102-6504

I, , being an attorney member in good standing of the Tarrant County Bar Association, do hereby request that my name be submitted to the Election Committee for consideration as a candidate for the position of Director for the election to be held in April, 2015.

Signature

Printed Name

SBOT Bar Number

DEADLINE TO RETURN PETITION, BIO, AND PHOTO IS 5PM, FRIDAY, FEBRUARY 27, 2015.

FOR MORE INFORMATION, CALL 817.338.4092 February 2015

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S

In Memoriam

usan Anderson Halsey passed away on December 19, 2014, leaving a legacy through her family, career, and accomplishments, all of which were abundant and deeply appreciated.

It is requested that, in lieu of flowers, memorial donations be made to Women’s Center of Tarrant County (817927-4006) or Cook Children’s Medical Susan Anderson Halsey Center Pastoral Care (682-885-4030).

Susan grew up in Monroe, Louisiana where she was valedictorian of her class of 1977. She went on to study as an undergraduate at LSU where she excelled scholastically and to which she remained a loyal and life-long fan. She went on to gain admission to the school’s Paul M. Hebert Law Center, from which she graduated in 1983, thus fulfilling a promise she made to her father when she was 8 that one day she would be a lawyer. Upon her graduation, Susan joined the Jackson Walker law firm, where she practiced for more than 30 years. In 1988, Susan moved to Fort Worth to open Jackson Walker’s office here and immediately became a permanent member of the legal and civic community. During her career at Jackson Walker, she served on the firm’s Management Committee, became Managing Partner of the Fort Worth office, and was recognized as a distinguished lawyer by numerous organizations on multiple occasions.

Susan will be missed and fondly remembered by her many friends, colleagues, partners, and family members.

She was preceded in death by her mother, Polly Anderson and is survived by her daughters Taylor and Brooke Halsey, as well as Gordy, her husband of nearly 30 years, her father, Paul Anderson, and numerous extended family members. ■

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ohn Michael Lee, 84, passed away on Monday, December 15, 2014. His memory may be honored with a gift to Believer’s Bible Church, 7413 Calmont Aveenue Fort Worth, Texas 76116 in lieu of flowers. He was born in 1930 in Oklahoma City and graduated from Baylor Law School, John Michael Lee where he met and married the love of his life, Yvonnne Robbins, formerly of Henderson, Ky. For 19 years, they lived in Abilene, where he became a partner at McMahon, Surovik and Suttle. He moved his practice to Fort Worth until he retired. He was preceded in death by his wife, Yvonne Robbins Lee, and a brother, Harvey Lee. Survivors include his adoring daughter Marlee Robbins Barton, his grandchildren Will, Avery and Emily Odom, as well as numerous extended family members. ■ 16 www.tarrantbar.org ■ February 2015

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rank Dean McCown of Arlington died Thursday, December 18, 2014, having recently celebrated his 87th birthday. In lieu of flowers, memorial donations may be made in his name to Mission Arlington, 210 West South Street, Arlington, TX 76010.

Frank came from a pioneer Texas family. He was born at home to Frank Henchman and Martha Dean McCown in Whitney on Dec. 15, 1927. The family later moved to Waco where Frank graduated from Waco High in 1945. He attended North Texas State University, did a stint as an enlisted man on active duty with the United States Army of Occupation in Japan, and then returned to Waco to complete law school with honors at Baylor University in 1951. Shortly after completing law school, Frank married his first wife, Joyce Gray, of Denton, and the couple moved to Dalhart where Frank began a distinguished legal career. While in Dalhart he was elected as county attorney and then as district attorney. He later moved his practice to Dumas where he continued to be active in the community, and in addition to his law practice, opened a title company. He served on the school board and as president of the Jaycees and eventually, assistant United States attorney and chief of the Criminal Division for the Northern District of Texas. In 1972, President Nixon appointed him as the United States attorney where he served with distinction in what were some of the happiest professional years of his life. With the election of a new president in 1976, Frank returned to private practice in Fort Worth, where he practiced many more years representing clients in both civil and criminal cases as a board certified criminal lawyer.

In 1983, he married Ruth Snellings of Arlington, with whom he shared 31 happy years. It is thanks to Ruth that he spent his 87th birthday at, and passed away in his own home. He is also survived by his children, F. Scott McCown, Davis Gray McCown and Douglas Wade McCown; his stepchildren, Tommy Snellings, Johnny Snellings, Michael Snellings and Kathryn Magendie; his grandchildren and stepgrandchildren. ■

The Tarrant County Bar Association has made a donation to the Tarrant County Bar Foundation in memory of Susan Anderson Halsey, John Michael Lee and Frank Dean McCown

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 cindy@tarrantbar.org.

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 February 2015

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alendar of Events

February 2015

March 2015

WEDNESDAY, February 4

WEDNESDAY, March 4

Noon-1 pm . . . . . . . . . . Intellectual Property Section Luncheon Fort Worth Club

Noon-1pm . . . . . . . . . . Corporate Counsel Section Luncheon TCBA Office

TUESDAY, February 10

THURSDAY, March 12

11:45-1 pm . . . . . . . . . . Membership Luncheon Honoring our 50 Year Attorneys Fort Worth Club

6pm-8pm . . . . . . . . . . . LegalLine TCBA Office

WEDNESDAY, February 11 Noon-1 pm . . . . . . . . . . Business Litigation Section Luncheon City Club THURSDAY, February 12 Noon-1 pm . . . . . . . . . . Energy Section Luncheon City Club 6pm-8pm . . . . . . . . . . . LegalLine TCBA Office MONDAY, February 16 All day. . . . . . . . . . . . . TCBA Office closed in observance of Presidents’ Day TUESDAY, February 17 Noon-1pm . . . . . . . . . . Labor & Employment Law Section Luncheon Petroleum Club THURSDAY, February 19 All day . . . . . . . . . . . . . Court Coordinators’ Seminar TCBA Office 11:30- 1pm . . . . . . . . . . Fort Worth Business & Estate Section Luncheon City Club Noon- 1pm . . . . . . . . . . Construction Law Section Luncheon TCBA Office FRIDAY, February 20 12:30pm-3:45pm . . . . . . Brown Bag Seminar TCBA Office MONDAY, February 23 Noon-1pm . . . . . . . . . . Bankruptcy Law Section Luncheon Fort Worth Club TUESDAY, February 24 11:30am-1:30pm . . . . . . Tax & Estate Planning Section Luncheon City Club 1pm-4pm . . . . . . . . . . . Last Tuesday CLE TCBA Office THURSDAY, February 26 5pm-7pm . . . . . . . . . . . Docket Call Social Law Offices of Mark Anderson 6pm-8pm . . . . . . . . . . . LegalLine TCBA Office FRIDAY, February 27 11:45am-1pm . . . . . . . . Women Attorneys Section Luncheon City Club

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February 2015

TUESDAY, March 17 Noon-1pm . . . . . . . . . . Real Estate Section Luncheon City Club THURSDAY, March 19 4:30-7pm . . . . . . . . . . . Court Staff Appreciation & Awards TCBA Office TUESDAY, March 24 11:30am-1:30pm . . . . . . Tax & Estate Planning Section Luncheon City Club WEDNESDAY, March 25 Noon-1pm . . . . . . . . . . Transition To Practice Seminar “What To Do When You Find Out Your Client Lied Under Oath, or Plans To” TCBA Office THURSDAY, March 26 Noon-1pm . . . . . . . . . . Construction Law Section Lunch TBCA Office 5:30-8pm . . . . . . . . . . . Fort Worth Business & Estate Section Dinner Petroleum Club 6pm-8pm . . . . . . . . . . . LegalLine TCBA Office FRIDAY, March 27 12:30-3:45pm . . . . . . . . Brown Bag Seminar TCBA Office SATURDAY, March 28 7pm . . . . . . . . . . . . . . . Tortfeasors5 Fort Worth Community Arts Center

Calendar

Mark your

Law Day 2015

The evening of T uesday, May at the Fort Wort

h Club!

5

Lawyers on the Move & Kelly Hart & Hallman LLP is pleased to announce the following new partners: Brandon M. Hill represents lenders, borrowers, and investors in interim, permanent, construction, tax-exempt bond, and other types of financing transactions. Mr. Hill has extensive experience representing clients in connection with loans secured by or involving real estate, including office, multifamily, retail, and other commercial projects. Mr. Hill earned his J.D., summa cum laude, from Texas Tech University School of Law in 2006 and received his B.S., summa cum laude, from Texas A&M University in 2003.

Darren J. Keyes practices in a wide range of real estate transactions, including acquisitions, dispositions, leasing, and development of real estate projects for owners, investors, and Fortune 500 companies. Mr. Keyes earned his law degree from Southern Methodist University Dedman School of Law, cum laude in 2006 and graduated in 2000, magna cum laude, from Abilene Christian University Evan M. Malloy represents a variety of publicly traded and privately held corporate clients in complex mergers and acquisitions, and he regularly advises clients on various aspects of corporate and securities laws, including financial reporting, SEC compliance, and corporate governance matters. Mr. Malloy earned his law degree from Texas Tech University School of Law, summa cum laude in 2006 and graduated in 2003, magna cum laude, from Trinity University.

Richard T. McMillan II focuses his practice on oil & gas/ energy litigation and transactions. Mr. McMillan represents landowners and exploration companies in the negotiation of matters such as surface use disputes, lease termination disputes, as well as other issues pertaining to land and mineral ownership. Mr. McMillan earned his law degree from the University Of Texas School Of Law in 2006 and graduated in 2003, with honors, from The University of Texas at Austin.

Derek L. Montgomery’s practice is primarily devoted to representing clients in complex commercial litigation at the trial and appellate levels. Mr. Montgomery represents manufacturers, individual investors and investment firms, on-line travel companies, oil and gas operators, mineral owners, and working interest owners. Mr. Montgomery earned his J.D., cum laude, from Texas Tech University School of Law in 2006 and received his B.B.A. from Texas A&M University in 2001.

Jody S. Sanders represents clients in a variety of administrative and arbitration proceedings.

Mr. Sanders’s experience includes all stages of litigation in trial courts throughout the state, as well as appeals and original proceedings in Texas’s intermediate courts of appeals, the Texas Supreme Court, and the Fifth Circuit. Mr. Sanders earned his J.D., magna cum laude, from the University of Houston Law Center, in 2005, and received his B. A., cum laude, from

in the News

Texas Christian University in 2001.

McDonald Sanders Law Firm is pleased to announce the addition of three associate attorneys: C. Ryan Heath joins the firm’s business transactions, organization, real estate and estate planning & probate practice groups. Mr. Heath was a summer associate at McDonald Sanders in 2013. He earned his J.D., magna cum laude, from Texas A&M University School of Law, where he was a member of the Law Review. While in law school, he was an extern for the Honorable Jeffrey Cureton, United States Magistrate Judge, Northern District of Texas. Mr. Heath received his B.S. in Business Management, summa cum laude, from Louisiana State University.

Kathy M. Kassabian joins the firm’s commercial litigation, personal injury defense litigation, labor & employment and business transactions, organization practice groups. Ms. Kassabian was a summer associate at McDonald Sanders in 2013. Prior to joining McDonald Sanders, Ms. Kassabian was a law clerk for the Honorable Bonnie Sudderth, 352nd District Court, Tarrant County, Texas, and a legal intern for the Lubbock County Criminal District Attorney. Ms. Kassabian earned her J.D. from Texas Tech University School of Law, where she was the Symposium Editor of the Texas Tech Law Review. She received her B.B.A. from the University of New Orleans.

Grant C. Sorenson joins the firm’s business transactions, organization, real estate, banking & finance, and oil & gas practice groups. Mr. Sorenson was a summer associate at McDonald Sanders in 2013. He earned his J.D., magna cum laude, from Texas Tech University School of Law. He was a summer law clerk for the Office of the Attorney General of Texas, where he worked in the Consumer Protection and Antitrust divisions. Mr. Sorenson served as Staff Member and Articles Editor for the Texas Tech Law Review. He received his B.A. from Oklahoma State University. ■

Stay CONNECTED to Us

February 2015

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TCBA BULLETIN

19

Classified

Other Associations’

Office Space For Lease

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 tcyla.org.

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Advertisers’ Index Debora

Adame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Fort Worth JSB Companies, Inc. . . . . . . . . . . . . . . . . . . . . 19 Foster & East. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Law Offices of Jason Smith . . . . . . . . . . . . . . . . . . . . . . . . 12 Law Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 LexisNexis . . . . . . . . . . . . . . . . . . . . . . . . . inside back cover Stephens Anderson & Cummings . . . . . . . . . . . . . back cover Texas Lawyers’ Insurance Exchange. . . . . . . . . . . . . . . . . . 6 Tindall Square . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 20

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February 2015

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 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, lbarrows@barrowsfirm.com.

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 sue@sueallenlaw.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 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 david@LKattorneys.com.

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 mbenson@kattenbenson.com 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 http://law.tamu.edu, or call 817.212.3800.

BAR BULLETIN • February 2015

justi ce IS

DECIDEDLY

IN

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

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

✯ YO UR✯

FAVOR

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

R

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 tcba@tarrantbar.org

truly make a difference.

TCBA Member Benefits Vendor List

Call us today

817.920.9000 | stephensanderson.com

PERSONAL INJURY CONTINGENT-FEE LITIGATION

WRONGFUL DEATH 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 bythe Texas Board of Legal Specialization and in Civil Trial Law bythe National Board of Trial Advocacy.

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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. 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.