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Bulletin Law Day Recipients May/June 2015

2015

In this issue:

CHIEF JUSTICE TERRIE LIVINGSTON

Silver Gavel Award

JARED HARRELL

SHARON S. MILLIANS

JUDGE D. MICHAEL LYNN

ART BRENDER

Outstanding Young Lawyer

Professionalism Award

Outstanding Mentor Award

Blackstone Award


P

resident’s page

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top the Presses. This is my last President’s message. i am turning 60 years of age just as my Presidency goes the way of the Fort Worth Press, the Dallas Texans, and the Albatross Bar. i am going to share a few of my favorite memoby Mike Henry ries of the last 33 years. i have written enough on how blessed i am with my practice and where i live. Additionally, i do not believe it is appropriate to brag on myself because most of the hard work is done by the Bar Association Staff, the Board, and the Bar Foundation Board. i succeeded with my goal of not making glaring errors. Some of my most significant memories of the last 33 years include: i remember when the whole world smoked. lawyers smoked in the courtroom, some judges smoked in chambers, and everyone smoked in depositions. The ash trays in conference rooms looked like aircraft carriers. it wasn’t unusual for one lawyer to have a lit cigarette in the ash tray and one in his hand. i don’t remember when it stopped, maybe it was a slow ending, but it was probably better for all of us. i remember the old courthouse. i was trying a case in the 48th District Court and ceiling tiles kept falling on the counsel’s table. The unpredictable timing of it kept you on your toes. The 48th was never a boring place. i recall that Judge Hughes’s and Judge Farrar’s favorite game was the old “Baltimore, Apple Core, Who’s Your Friend,” and Judge Hughes would bounce a half-eaten apple off the head of some unsuspecting young lawyer waiting for a hearing. You could tell the lawyers that had suffered prior impact with the apple because they would hit the deck with the first sound of Baltimore. i further recall in the old courthouse when the Family law Court Masters were

in the basement. it was crowded, busy, emotional, and, of course, smoky. There was never an explosion of emotions that could have spelled trouble. i attribute the calm in what could have been a storm to the Court Masters that served there as well as their staff. i remember Judge Street and Judge Murray being absolutely torturous on evidentiary predicates. Maybe it was just me and they enjoyed watching me squirm. i’m fairly sure they overruled me when i was correct just for the theater. i never noticed Kleber Miller or H.G. Wells suffering the same indignities. Those of us who are old enough will always remember where we were in July of 1992 when we heard about the shooting at the Court of Appeals. That’s when we all learned that what we did for a living wasn’t a repeat of some lighthearted television series, but was real life. The things that we did for a living sometimes had unforeseen and unwarranted consequences. like most of us, i think about those we lost that day and am very thankful for those that survived. This happened recently, but is still a fond memory. As Bar President it was my privilege to privately inform Art Brender that he was the recipient of this year’s Blackstone Award. i have known Art for 33 years and for the first time in all of those years, i saw him speechless. it was so unusual and out of place that i borrowed his legal assistant’s compact mirror to make sure he was still breathing. Don’t worry; he recovered quickly and is now his old self. i started to write a paragraph thanking all of the judges and lawyers that had influenced my career. it quickly became apparent that the list was going to be so long that the greatest danger would be leaving someone off of the list. So to those of you that have helped me by being a friend, a teacher, a worthy opponent or colleague, a heartfelt thanks. There are a lot of my peers that did the same, but i figure that if we’re within 5 years of age of one another that we have been an equally good and bad influence for each other. And besides that, the list of peers would be too long, but you know who you are. As you all probably know, i am handing this off to David Keltner, who is one of the most capable and involved Bar leaders in the State. We are truly fortunate to have him. it has been of the highest privilege to lead this organization and as always, the best of luck to all of you. ■

May/June 2015

Mike

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Law Day Recipients 3 2015

C

ontents

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2015 law Day Recipients Tarrant County Bar Foundation Justice Ann Gardner Receives Texas Bar Foundation’s 2015 Outstanding Jurist Award

Fort Worth-Tarrant County Young Lawyers Association

Chris Stoy, President (Spring 2015) Amber Altemose, President (Fall 2015)

In every issue Calendar of events Advertisers’ index

12 May/June 2015

2014-2015 Appointed Directors

Ann Diamond

Departments 1 President’s Page 5 Tarrant County Young lawyers Association 6 100 Club Members 9 new Members - TCBA Membership Gearing up for 2015-2016 10 Snippets 14 lawyers on the Move & in the news 14 Transition to Practice 14 Other Associations’ news & information 15 Texas lawyers for Texas Veterans 17 TVAS 18 lawyer Referral and information Service 18 legalline

leslie Barrows John Cayce lance evans

Immediate Past President

Tortfeasors

www.tarrantbar.org

2014-2015 Elected Directors

Connie Hall Karmen Johnson

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2014-2015 Officers President. . . . . . . . . . . . Michael J. Henry President-elect . . . . . . . David e. Keltner Vice President . . . . . . . . . Robert G. West Secretary-Treasurer . . . .Dabney D. Bassel nick Bettinger Steven K. Hayes Claudine Jackson

Stay CONNECTED to Us

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

2013-2014 Elected Directors

Features

3 7 8 12

Tarrant County Bar Association

Executive Director

Patricia Graham, PlS, ClAS

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

ABA Delegate

Janna W. Clarke

Bar Bulletin

John F. Murphy, editor H. Dennis Kelly, Assistant editor 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 trisha@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.


Law Day 2015

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aw Day, May 1, annually, is a national day set aside to celebrate the rule of law. law Day underscores how law and the legal process contribute to the freedoms that all American share. law Day also provides an opportunity to recognize the role of courts in this democracy and the importance of jury service to maintaining the integrity of the courts. Additionally, in Tarrant County, we have traditionally celebrated this day by honoring and recognizing outstanding members of the bar and judiciary. These awards go out to members of the bar who stand out in their service to our legal community, and the community at large. The most prestigious of these awards is the Blackstone Award, given in recognition of a career that exemplifies professional aptitude, integrity and courage. Art Brender’s career has been this and more. The Silver Gavel Award is given to a member of the judiciary who has served on the bench for at least ten years

and who has made a substantial and noteworthy contribution as a result of their service. This year’s deserving recipient is Chief Justice Terrie Livingston. The Professionalism Award is given to a member of the bar who has displayed outstanding professional conduct, which this year’s recipient, Sharon S. Millians, has unequivocally displayed in her interesting career. The Outstanding Young Lawyer recipient is given by the Tarrant County Young lawyers Association and goes to a young lawyer who is recognized for their proficiency, service to the profession and service to the community. Jared Harrell has been active in TCYlA and has been involved with several community service programs. The Outstanding Mentor Award recognizes an attorney or judge who has demonstrated a commitment to mentoring young lawyers in the legal community. Judge D. Michael Lynn has been devoted to giving a hand to young lawyers who are beginning their careers.

The Blackstone Award Art Brender was born in Chicago, the eldest of three children, and raised from the age of three in Dallas. He graduated from Jesuit High School, worked as a baker and attended the University of Texas at Austin graduating with a B.A. in History. He served as Lt.(jg) in the U.S. Navy (1969-1971), attended law school at University of Texas at Austin on the G.I. Bill, graduating in 1973. After graduation, Brender was hired by renowned Fort Worth civil rights attorney Don Gladden who served as an outstanding mentor, particularly in civil rights litigation. Brender began his own practice in 1977, eventually forming a partnership with Frank Colosi and the late Terry Casey for several years. He practiced for over 18 years with Zoe Courtney and Jason Smith until forming a partnership with his son, John Brender, in 2014. Brender is board certified in Personal Injury Trial Law and Criminal Law. He is a member of the Tarrant County Bar Association, the Tarrant County Trial Lawyers Association, the American Board of Trial Advocates, and the Eldon Mahon Inn of Court. Brender served as Co-Chair of the State Bar Individual Rights Section and spent seven years on the State Bar Committee on Pattern Jury Charges. In 2011, Brender was named a Trial Lawyer of the Year finalist by the national Public Justice Foundation and received the 2010 H.G. Wells Outstanding Trial Lawyer Award of the Tarrant County Trial Lawyers Association. For his work in civil rights, Brender received the Outstanding Service in the Field of Civil Rights Award by the Texas Branch of the NAACP and was named a “Good Guy” by the Texas Women’s Political Caucus for his work in civil rights. Brender counts as his proudest achievements winning two decisions before the U.S. Supreme Court, in an employment discrimination case (Watson v. Fort Worth Bank & Trust), and in Trevino v. Texas. Most recently, Brender served as lead counsel, along with Dwain Dent and Fred Streck, in a nationwide class action involving the distribution of the drug “E-Ferol” to premature infants in 1983-84. Brender has served as a Director of the Tarrant County Bar Association, President of the Tarrant County Criminal Defense Lawyers Association, President of the West Meadowbrook Neighborhood Association, President of the Humane

Society of North Texas, and Chair of the Tarrant County Democratic Party. He currently serves on the Board of Historic Fort Worth. Together with his wife, Lynda, they have restored and placed on the National Register three historic homes located on Eighth Avenue, one of which serves as Brender’s office. The Brenders have three children and six grandchildren: Sarah (Patrick) is a paralegal with AMD and has three children, Molly (15), Ellie (14), and Grace (8); Erin (Mujahid) is an M.D. with Rogue Valley Medical Center and has two children, Sulay (9) and Rayan (6); and John (Brittyn, also an attorney) has a son, Bobby (9 months). ■

The Silver Gavel Award Chief Justice Terrie Livingston graduated from Western Hills High School, Fort Worth, and attended Texas Tech University, where she received her B.A. in political science, graduating with Distinction and Honors. She received her J.D. from The University of Texas School of Law. Chief Justice Livingston began her legal career practicing with several law firms and later had her own practice. She was elected Justice of the Second District Court of Appeals (Place 7) in 1994 and served in that position until appointed to the position of Chief Justice in 2010. She won re-election to that position in 2012. As a Chief Justice, she serves on the Council of Chief Justices, which is composed of the fourteen intermediate Chief Justices across the state. Prior to her judicial service, Chief Justice Livingston was an active participant in the Tarrant County Private Attorney Involvement Program and was a May/June 2015

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pro bono attorney volunteer for many years. She served as Tarrant County Bar Association’s Secretary-Treasurer in 1992 and is responsible for creating its first budget. She then served as its Vice President in 1993. She also served on TCBA’s Fee Dispute Arbitration panels for a number of years and served as President of the Tarrant County Women’s Bar Association. She has served as a Tarrant County Bar Foundation Director (1999-2001), Treasurer (2002-2003), Vice Chair (20042005), Chair-Elect (2005-2006), and Chair (2007). She oversaw the Bar’s Building Construction Committee, which handled the major remodel and expansion of the Bar offices in 2006. She has also served as a Director on the Board of the Judicial Section, SBOT (2000-2003). She volunteered as an Associate Editor for the Appellate Advocate published by the State Bar’s Appellate Section (2009-2012). Chief Justice Livingston is currently a member of the State Bar, the College of the State Bar, and the American Bar Association, Appellate Judicial Administration Division. She is a Fellow of the Texas Bar Foundation. She is a long-standing member of TCBA’s Appellate and Women’s sections and is a Charter Member of the Tarrant County Bar Foundation. Chief Justice Livingston frequently lectures for various bar organizations. Chief Justice Livingston also played a major part in the passage of Senate Bill 896 in the 83rd Legislative Session. This bill allows the Second Court of Appeals to collect additional funds from all counties within its jurisdiction, providing some relief to the court’s restricted operating budget. ■

The Professionalism Award Sharon Sappington Millians is a partner with the law firm Kelly Hart & Hallman LLP. She was born in Fort Worth and received her bachelor’s and master’s degrees from TCU. She began work on her Ph.D. and taught Freshman Composition at TCU for three years before deciding she wanted to practice law. She received her J.D. from SMU Dedman School of Law. Upon graduation, she joined Kelly Hart & Hallman, where she was fortunate to work closely with all three named partners. In her career there, she has represented clients in transactions involving all areas of real estate ownership, real estatebased financing, and development of various real estate products. She also has represented various clients in the acquisition of millions of dollars of troubled asset portfolios consisting of real estate, loans, and other assets. Ms. Millians is a member of Kelly Hart’s Executive Committee and is immediate past co-chair of the firm’s Real Estate Section. She has been listed in “The Best Lawyers in America” since 1992 and has been chosen as a “Texas Super Lawyer” by Texas Monthly since 2003. She has been recognized as one of the “Top 50 Women Texas Super Lawyers” and “Top 100 Super Lawyers” in the Dallas/Fort Worth region. The Fort Worth Business Press has designated her as a “Power Attorney.” She has also been recognized on the national level by being nominated and elected to the American College of Real Estate Lawyers, the premier national organization of distinguished real estate practitioners and scholars. She is a Sustaining Life Fellow of the Texas Bar Foundation and a Life Fellow of the Tarrant County Bar Foundation. She has also served on the TCBA Board of Directors and credits her friend Janna Clarke with having encouraged her to participate in bar activities. Ms. Millians currently serves as a trustee on the Texas Wesleyan University Board of Trustees and is a member of the TCU AddRan College of Liberal Arts Board of Visitors. She is a past Chair of the Fellows of the Texas Bar Foundation. She also serves as Immediate Past Chair of the Board of Directors of the Women’s Center of Tarrant County, Inc. and is passionate about the Women’s Center’s dedication to providing services to women, children, and families who are in need of help in the areas of poverty, crisis, and employment. She previously served on the Board of Directors of the Child Study Center and on the board of the Chiapas Project, a global microfinance initiative to support women in poverty. She is married to Dan R. Millians, a former Army helicopter pilot and Vietnam veteran and a retired science teacher at Arlington Country Day School. She and Dan have two sons, Michael J. Millians and Robert D. Millians, both of whom graduated from Texas Wesleyan University. Michael coaches and teaches at Trinity Valley School, and Robert is a sales rep and member of the management team of Parfumelle Inc. ■

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www.tarrantbar.org

May/June 2015

The Outstanding Young Lawyer Jared Harrell currently holds the position of Counsel in the Dallas/Fort Worth office of Phelps Dunbar LLP. Jared’s legal practice focuses on the successful completion of commercial transactions by combining his extensive real estate experience with an understanding of finance and transactional economics. He regularly advises individuals, businesses, government agencies, charitable organizations, and financial institutions on the acquisition, disposition, management, and financing of real and personal property assets. His experience in structuring, negotiating, and documenting commercial transactions crosses a broad range of industries, including commercial real estate, energy exploration, agriculture, banking, and governmental infrastructure projects. Jared’s experience includes all aspects of real estate, with an emphasis on the development of commercial property, the operation of agricultural property, and the management of mineral properties. He also assists his clients in the acquisition of bank loans, private debt, and equity investments in real estate and energy development projects, and represents regional and national banks in connection with lending transactions secured by real estate and other commercial assets. In addition to his full-time law practice, Jared is an adjunct instructor at the University of Texas at Arlington and teaches a course in real property law as part of its Master of Science in Real Estate curriculum. Further, Jared is deeply involved in the Tarrant County community, having served on the boards of directors for multiple nonprofit agencies including the Alzheimer’s Association of North Central Texas and the Amon G. Carter, Jr. Downtown YMCA. For the past seven years, he has served as a mentor through Kid’s Hope USA and Como Elementary. He also volunteers his time with the Fort Worth Stock Show & Rodeo, the Fort Worth/Tarrant County A&M Club, and Christ Chapel Bible Church. Jared and his wife, Leah, have been married for over eleven years. They are the proud parents of a two-year-old daughter, Hallie May. ■

Outstanding Mentor Award Judge D. Michael Lynn is known among his peers as one of the sharpest legal minds in the country, and for the past four decades, he has helped shape the careers of countless young lawyers in the Dallas-Fort Worth metroplex. Judge Lynn grew up in a suburb outside of Chicago, Illinois. He attended Lawrence University in Appleton, Wisconsin, where he graduated with honors in 1965. In 1966, Judge Lynn began his legal studies at Columbia Law School. The following year, putting his legal education on hold, he voluntarily enlisted in the U.S. Navy during the height of the Vietnam War and served as an officer aboard the USS Cochrane, patrolling the coast of Vietnam. He later returned to law school to resume his legal studies and in 1972 received his J. D. from Columbia Law School as a Harlan Fiske Stone Scholar. After law school, Judge Lynn moved to Dallas to join the firm of Rochelle, King & Balzersen where he made partner in 1976. He joined the bankruptcy section of Moore & Peterson, P.C. then moved to Weil, Gotshal & Manges, and later Stutzman & Bromberg, PC. In 2001 Judge Lynn was appointed as U.S. Bankruptcy Judge for the Northern District of Texas (Fort Worth Division) where he continues to preside today. Judge Lynn takes an active role in the development of young lawyers through several programs, such as the Hon. John C. Ford American Inn of Court’s “Breakfast in Chambers” program. By hosting young practitioners in chambers, Judge Lynn, together with other judges in the Northern District, helps young practitioners understand the practical aspects of handling a complex issue in a bankruptcy case. He also participates in panel discussions for organizations such as the Turnaround Management Association and the Tarrant County Young Lawyers Association, which he often does between hearings and over his lunch break. ■


t o h s p Sn a YLA

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nce again, TCYlA’s Spring Fiesta was a huge success. The TCYlA board wants to thank all of its members, pastpresidents, the judiciary and everyone else who attended this year’s event. A special thanks also goes out to all our sponsors and raffle-item donors. Spring Fiesta’s two major goals are Chris Stoy saying “Thank You” to the Tarrant President, TCYLA County Bench and Bar and raising funds for the organization’s annual projects. Board members Patrick Rose and Martin Garcia and the Spring Fiesta Committee did an excellent job accomplishing these goals. TCYlA recently teamed up with the Tarrant County Bar Foundation’s Big Brothers Big Sisters Committee and hosted the 2015 Ballin’ For a Cause 3-on-3 Basketball Tournament. The tournament was held at HOPe Farms in south Fort Worth, and the funds generated are going directly to Tarrant County Big Brothers Big Sisters. Congratulations to Jason Mills and his team for winning the tournament, and a special thanks to Tennessee Walker for his help managing and emceeing the event. A final tally of the proceeds generated will be published in next month’s TCYlA snapshot. TCYlA recently honored some distinguished and very deserving individuals. The 2015 Outstanding Young Lawyer Award was awarded to Jared Harrell. Jared is unquestionably an excellent real estate attorney, but his commitment to giving back to the community is what puts him a league all his own. Jared has been involved with numerous Tarrant County organizations. He is a founding member of the 12.48 Foundation, which is a non-profit organization that gives back to local Como youth, and he has served as a Kids Hope, uSA mentor for seven years. even though Jared

has a schedule that most would call impossible, he still finds time to serve as an adjunct professor in the university of Texas at Arlington system and fulfill his roles as a loving father and husband. The 2015 Outstanding Mentor Award was awarded to Judge D. Michael lynn, u.S. Bankruptcy Judge Jared Harrell for the northern District of Texas, Fort Worth Division. Judge lynn was nominated by the Dallas–Fort Worth Area Young Bankruptcy lawyers, because, among other things, Judge lynn has “helped shape the careers of countless young lawyers in the Dallas–Fort Worth metroplex.” Judge lynn takes an active role in the development of young lawyers and is an invaluable asset of the Tarrant County legal com- Judge D. Michael Lynn munity. The 2015 Liberty Bell Award was awarded to Mayor Betsy Price. The liberty Bell Award is given to an outstanding non-lawyer community member whose contributions have strengthened the American legal system. On behalf of the TCYlA board, i Mayor Betsy Price want to encourage all young Tarrant County lawyers to coming to our upcoming events. A schedule of the events can be found at www.tcyla.org. ■

Spring Fiesta

Chris

May/June 2015

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See your name in lights!!! Or at least in the TCBA Bar Bulletin!

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! 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

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Adams Lynch & Loftin, PC

Dawson Parrish, PC

Murphy Mahon Keffler Farrier, LLP

Albert Neely & Kuhlmann LLP

Decker Jones, P.C.

Naman Howell Smith & Lee, PLLC

Allmand Law Firm, PLLC

Forshey & Prostok, LLP

Nelson Bumgardner Casto, PC

Anderson & Riddle, LLP

Friedman, Suder & Cooke

Noteboom Law Firm

Anderson Law Firm

FTSI Services

Padfield & Stout, LLP

Baker Monroe PLLC

Gardner Aldrich, LLP

Phelps Dunbar LLP

Bakutis McCully & Sawyer PC

Gordon & Sykes, LLP

Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP

Barlow Garsek & Simon, LLP

Griffith, Jay, & Michel, LLP

Jim Ross & Associates

Beadles Newman & Lawler PC

Harris, Finley & Bogle, PC

Ross & Matthews, PC

The Berenson Firm PC

Harrison Steck PC

Second Court of Appeals

Blaies & Hightower, LLP

Haynes and Boone, LLP

Shannon, Gracey, Ratliff & Miller, LLP

The Blum Firm, PC

Holland Johns & Penny LLP

Stephens, Anderson & Cummings,LLP

Bourland, Wall & Wenzel, PC

Jackson Walker L.L.P.

Tarrant County DA’s Office

Boyle & Lowry, LLP

Johnston Legal Group, PC

Taylor Olson Adkins Sralla & Elam, LLP

Brackett & Ellis, PC

Kelly Hart & Hallman LLP

Texas A & M School of Law

Broude Smith & Jennings PC

Koons Fuller, PC

Thompson & Knight, LLP

Bourland, Wall & Wenzel, PC

Law, Snakard & Gambill, PC

Wallach & Andrews, PC

Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP

Linebarger Goggan Blair & Sampson, LLP

Watson Caraway Midkiff & Luningham LLP

Bruner & Pappas LLP

Lively & Associates, LLP

Whitaker Chalk Swindle & Schwartz PLLC

Cantey Hanger LLP

Lovelace Killen, PLLC

Whitley Penn, LLP

City Attorney’s Office-City of Fort Worth

Macdonald Devin PC

Wilson, White & Doby, LLP

The Colaneri Firm, PC

McDonald Sanders Law Firm

Winstead PC

Cook Childrens Health Care System

Martinez Hsu, P.C.

The Wolf Law Firm, PC

Cotten Schmidt & Abbott, LLP

Mellina & Larson, PC

Curnutt & Hafer, LLP

Moses, Palmer & Howell, LLP

www.tarrantbar.org

May/June 2015


Tarrant County Bar Foundation

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uring the last few months, the Tarrant County Bar Foundation, in conjunction with the Tarrant County Bar Association, has been actively engaged in endeavors benefitting the pro bono programs– Texas lawyers for Texas Veterans–Tarrant County Chapter (TlTV) and Tarrant County Volunteer Attorney Services (TVAS). During February and March 2015, for example, over 20 law students volunteered at the TCBA offices on behalf of the pro bono programs and provided approximately 550 hours of volunteer time. The law students volunteered through Texas A&M university School of law’s equal Justice Program. These students worked on behalf of both the TlTV and TVAS programs and contributed in a number of ways, including making clinic appointments, interviewing clients for upcoming clinics, completing client applications, assisting with the preparation of pleadings and affidavits, researching, and much more. Thanks to all those who gave their time to support our pro bono programs! law students interested in pro bono opportunities are always welcome to assist with pro bono projects at the TCBA or to volunteer at a TlTV or TVAS legal clinic. Contact Megan Cooley at megan@tarrantbar.org to learn more. On April 1, 2015, the Tarrant County Bar Foundation hosted a free Cle ethics program and lunch for over eighty private attorneys, corporate counsel, and members of legal departments in Tarrant County. The program was made possible by a grant provided by the Corporate Counsel Section of the State Bar of Texas as a means of promoting and encouraging pro bono involvement for corporate counsel and legal departments. Participants earned 1.5 hours of ethics Cle and learned about pro bono opportunities for TVAS and TlTV. The event was a success in large part due to the participation of Judge Reed O’Connor, Judge Judith Wells, Judge Melody Wilkinson, and Judge Mark Pittman. These judges generously provided their time and expertise by participating in a panel discussion of various ethical issues relating to corporate and private counsel. if you missed the Cle, you can still learn more about the corporate counsel pro bono initiative and the material discussed at the program. The Cle program is available for viewing at the TCBA offices. in addition, arrangements can be made to provide a presentation about the pro bono programs with Cle credit for your legal department or law firm. Contact Megan Cooley at megan@tarrantbar.org to learn more. ■ May/June 2015

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Justice Anne Gardner Receives Texas Bar Foundation’s 2015 Outstanding Jurist Award By Perry Cockerell

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ustice Anne Gardner is the 2015 recipient of the Samuel Pessarra Outstanding Jurist Award given by the Texas Bar Foundation.1 Justice Gardner is serving her 16th year on the Second Court of Appeals, which covers 12 counties in north Texas. Her receipt of the award will be recognized at the Texas Bar Foundation’s Annual Dinner on June 19, 2015, during the Annual Meeting of the State Bar of Texas in San Antonio. The Texas Bar Foundation established the Outstanding Jurist Award in 1987 to honor an active federal or state judge who exhibits an “exceptionally outstanding reputation for competency, efficiency, and integrity.” Justice Gardner is the 34th recipient of the award and the third jurist from Fort Worth to receive the award, which was previously presented to united States District Judge eldon B. Mahon in 1998 and to State District Judge Charles J. Murray in 1988. Justice Gardner stated, “i never dreamed of receiving this award. i am deeply honored and humbled to be recognized by the most highly respected organization of lawyers and judges in Texas.” Formed in 1965 by attorneys to assist the public and improve the profession, the Foundation is the largest charitably funded bar foundation in the country. election to the Fellows of the Foundation is one of the highest honors that can be bestowed upon a member of the State Bar of Texas, representing the top one-third of one percent of Texas attorneys. Selection is based on an outstanding record in the legal profession and a proven commitment to support the community at large. Justice Gardner was born in Corpus Christi, received her B.A. from the university of Texas in 1964 and her J.D. from the university of Texas School of law in 1966, where she was an Associate editor of the Texas law Review and was among only 15 women in her class of over 500 students. She served as law Clerk to the Honorable leo Brewster, united States District Judge, northern District of Texas, from 1967 until 1971. Justice Gardner recalled that Judge Brewster, a cofounder of the first legal aid organization in north Texas, impressed upon her that it is every lawyer’s ethical duty to assist in providing legal services to those unable to pay. Justice Gardner was in private practice for the next 30 years, the last 12 of which were with Shannon, Gracey, Ratliff & Miller, l.l.P., where she headed that firm’s Appellate Section, until her appointment to the bench. Justice Gardner was elected the first woman President of the Tarrant County Bar Association in 1994. She is a member of the American Bar Association, a Fellow in the American Bar Foundation, a Sustaining life Fellow of the Texas Bar Foundation, a Charter Fellow of the Tarrant County Bar Foundation, and an emeritus Master of the Bench and co-founder of the eldon Mahon inn of Court. 8  www.tarrantbar.org ■ May/June 2015

Justice Gardner was appointed by the Texas Board of legal Specialization to its first Advisory Commission on Civil Appellate law. She attained board certification in Civil Appellate law in 1987. Justice Gardner has served on numerous State Bar committees, and in 1993, the Supreme Court of Texas appointed her to its Advisory Committee, consisting of lawyers, professors, and judges chosen by the Court from around the State, and she served on that Committee until 1998. in 2004, Justice Gardner was honored by election to the American law institute (Ali), which drafts and publishes the Restatements of the law. The Texas Chapter of the American Board of Trial Advocates honored her as “Appellate Justice of the Year” in 2005. Justice Gardner is a member of the Appellate Judges Conference of the Judicial Division of the ABA, as well as the Judicial and Appellate Sections of the State Bar. She noted that, as an appellate judge, she is particularly aware of limitations in the administration of justice for unrepresented parties. She has written on the subject of inequities in the legal system, and in conjunction with the Tarrant County Bar Appellate Section’s pro bono committee, she developed and implemented a pilot program that her Court approved to provide indigent civil litigants with pro bono representation in appeals. Justice Gardner and her husband, Terry Gardner, a civil trial lawyer, reside in Fort Worth with two rescue Cavalier King Charles Spaniels. Their son, Travis, and his fiancé, SaraMai, live on lake Travis in Austin with their rescues, Bug the Beagle and Sport. Congratulations to Justice Gardner on receiving this award and for her public service. ■ 1

In 1995, the Foundation renamed the award upon receiving a bequest to the endowment from the estate of Mrs. Samuel Pessarra in honor of her late husband for the purpose of funding the Outstanding Jurist Award. Samuel Pessarra, a native of Quintana, attended Baylor University and Baylor University School of Law. Mr. Pessarra was a member of the Brazoria County Bar Association, where he served as president, director, and secretary. Justice Gardner has chosen the University of Texas School of Law to receive a donation of $1,000 in her name from the Foundation.


New

TCBA Welcomes Its

Members

Attorneys

Patrick Barkman Tina Goss William Holtz Andrew Kaldenbach Vanessa Kelley elizabeth Kisselburgh Daniel lockwood Mattie Parker Rose Romero C. Stephen Tobin

Associates

Chet Merry Krissy Morrison

Students

emem O. imyang laChiquita McCray Melissa Miller Michael Vinson David Wilson Zshona Workman

TCBA Membership Gearing Up for 2015-2016

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une 30 marks the end of another great year at the Tarrant County Bar Association (TCBA). During the past year, the TCBA received numerous awards for its programs and services, including the Deborah Hankinson Access to Justice Award and the Award of Merit. TCBA members enjoyed a number of events, programs, and benefits throughout the year, including free or inexpensive Cle, networking events, and professional development opportunities. The TCBA looks forward to another successful year during July 2015-June 2016. Renewal invoices will go out June 1 by email to each attorney member, and firm administrators will receive a copy as well. Please note that the 2015-2016 bar membership dues will increase for the first time since 2001. This change reflects TCBA’s efforts to bring membership dues in line with current market prices and operational costs. Another change will be the Bar Bulletin. For members’ convenience, TCBA will provide the monthly Bar Bulletin electronically. if members want to continue receiving a printed copy of the Bar Bulletin, they will pay an additional $20.00 fee per year. Please be sure to mark your renewal invoice accordingly. Why join the TCBA? TCBA offers invaluable services and benefits to members from all practice areas, professions, and levels of experience in the legal community. Besides the networking and mentoring opportunities, it’s a convenient place to get your Cle; meet with others with similar interests through Section memberships; stay informed with what’s going on in the legal community, both locally and nationally, through Bar Bulletin articles and social media; enhance practice skills and volunteer through the various community service projects of the TCBA (legalline, TVAS, and TlTV); but most of all, build life-long relationships within the wonderful legal community here in Tarrant County. Re-join and get your friends to do so as well, and take advantage of the number of benefits that the TCBA has to offer. ■

Space For Lease in the historic

Tindall Square Office Complex in Downtown Fort Worth

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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 attorneys 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 May/June 2015

TCBA Bulletin

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Snippets

Civil and Criminal by Judge Bob McCoy

Co-Editor Lin Morrisett Associate Judge Probate Court No. 2

County Criminal Court No. 3

Who’s That Street Named After?

Ask Judge Bob

2. Capital Murder “Although felony murder may be an unintentional murder committed in the course of committing a felony, ‘capital murder includes an intentional murder committed in the course of robbery.’” Riley v. State, 447 S.W.3d 918, 923 (Tex. App.—Texarkana 2014) (internal citations omitted).

Judge Bob, what is the origin of the phrase “last Will and Testament?” During Anglo-Saxon times, the word will applied to the disposition of only land, or “real” property, and the word testament applied to the disposition of only “personal” property, such as cattle, corporate stock, or cash. With the passage of the english Statute of Wills in 1837, the distinction between a will and a testament was formally abolished, and thereafter any and all property, real or personal, passed by one unified document, a decedent’s “last Will and Testament.” From Herbert e nass, Wills of the Rich and Famous.

3. Party to an Offense “[A] person is criminally responsible for an offense committed by the conduct of another if ‘acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense[.]’ Tex. Penal Code Ann. § 7.02(a)(2) (West 2011). in determining whether an accused is a party to an offense, events before, during, and after the commission of the offense may be considered.” Burgess v. State, 448 S.W.3d 589, 600 (Tex. App.—Houston [14th Dist.] 2014).

Wilkie Way – Wendell Wilkie ran against President Roosevelt in 1940. From Werner Magnus, Who Was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

Ask The Danes Ramses and Moses, are “dogs” and “cats” actually defined in the Texas Health and Safety Code.? Yes, they are, as follows: “Cat” means Felis catus. “Dog” means Canis familiaris. Tex. Health & Safety Code §826.002(3), (6).

Moses

The Danes’ Quote Of The Month “i have found that when you are deeply troubled there are things you get from the silent devoted companionship of a dog that you can get from no other source.” –Doris Day.

Ramses

Criminal Items Of Interest 1. Accomplice “An accomplice is someone who participates with the defendant before, during, or after the commission of a crime, and acts with the required culpable mental state. A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed[.] Tex. Code Crim. Proc. Ann. art. 38.14. if a prosecution witness is an accomplice, the trial court must instruct the jury accordingly.” Lewis v. State, 448 S.W.3d 138, 141 (Tex. App.—Houston [14th Dist.] 2014) (internal citations omitted). 10

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4. Eighth Amendment “There is no eighth Amendment violation in a noncapital case when a jury is instructed not to consider sympathy.” Wilson v. State, 267 S.W.3d 215, 219 (Tex. App.—Waco 2008, no pet.). 5. Double Jeopardy “When an individual is convicted of two offenses that are the ‘same’ for double jeopardy purposes, the appropriate remedy is to affirm the conviction for the ‘most serious’ offense and to vacate the other conviction. The ‘most serious’ offense is the offense of conviction for which the greatest sentence was assessed.” Shelby v. State, 448 S.W.3d 431, 440 (Tex. Crim. App. 2014) (internal citations omitted). 6. Community Supervision “A trial court may make a defendant aware of the conditions of community supervision by informing him of the requirements orally, in writing, or both. A trial court faced with a defendant’s objection to a community-supervision condition would have the option to sustain the objection and remove or alter the condition, to overrule the objection thereby continuing to require a defendant to abide by the condition, or to take any other appropriate action.” Dansby v. State, 448 S.W.3d 441, 451 (Tex. Crim. App. 2014) (internal citations omitted). 7. Duty to Preserve Evidence “The Supreme Court has recognized the State in some instances has a duty to preserve evidence in its posses-


sion and the violation of this duty may rise to the level of a due process violation under the Fourteenth Amendment. The Court distinguishes between two kinds of evidence. if the State fails to preserve material, exculpatory evidence, then the State has committed a due process violation. However, if the State merely fails to preserve ‘potentially useful evidence,’ the defendant must show the State did so in bad-faith in order to show a violation of due process.” Zapata v. State, 449 S.W.3d 220 (Tex. App.—Houston [14th Dist.] 2014) (internal citations omitted). 8. Resisting Arrest “A person commits the offense of resisting arrest ‘if he intentionally prevents or obstructs a person he knows is a peace officer . . . from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.’ Resisting arrest requires ‘the use of force. One who runs away or makes an effort to shake off the officer’s detaining grip may be guilty of evading arrest under Section 38.04 [evading arrest], but he is not responsible under [Section 38.03].” Finley v. State, 449 S.W.3d 145, 147 (Tex. App.—Houston [14th Dist.] 2014) (internal citations omitted).

Civil Items Of Interest 1. Implied Notice “When returned certified mail is marked ‘refused,’ this tends to support that the defendant did in fact have notice. Defendants cannot thwart service by refusing certified mail. Jacobs v. Jacobs, 448 S.W.3d 626, 633 (Tex. App.—Houston [14th Dist.] 2014) (internal citations omitted). 2. Class Action Cy Pres v. Unclaimed Property Act “The State also relies on a prior decision of the court of appeals and a recent decision of the Fifth Circuit, both of which concluded that cy pres awards in class actions violate the unclaimed Property Act. in neither case did the court appear to consider the arguments we find persuasive here. To the extent the two cases conflict with our decision today, they are disapproved.” Highland Homes v. State, 448 S.W.3d 403, 412 (Tex. 2014). 3. Tried by Consent “To determine whether an issue was tried by consent, we examine the record for ‘trial of the issue’ as opposed to ‘evidence of the issue.’ A party’s unpleaded issue may be deemed tried by consent when evidence on the issue is developed under circumstances indicating that both parties understood what the issue was in the case, and the other party failed to make an appropriate complaint.” In re K.S., 448 S.W.3d 521, 533 (Tex. App—Tyler 2014) (internal citations omitted). 4. Summary Judgment Grounds “A summary judgment may be affirmed only upon the grounds uttered by the movant in its motion.” BP Automotive, L.P. v. RML Waxahachie Dodge, 448 S.W.3d 562, 570 (Tex. App—Tyler 2014). 5. Misappropriation “The elements of an unfair competition or common law

misappropriation claim are: (1) the creation of plaintiff’s product (i.e., the trade secret information) through extensive time, labor, skill, and money; (2) the defendant’s use of that product in competition with the plaintiff, thereby gaining a special advantage in that competition (i.e., a ‘free ride’) because defendant is burdened with little or none of the expense incurred by the plaintiff; and (3) commercial damage to the plaintiff.” BP Automotive, L.P. v. RML Waxahachie Dodge, 448 S.W.3d 562, 569 n. 3 (Tex. App—Tyler 2014). 6. Waiver of Special Appearance - Default Judgment Cases “A party waives its special appearance by seeking and obtaining a hearing on a motion for new trial and securing a ruling on that motion before the special appearance is determined.” Global Paragon Dall., LLC. v. SBM Realty, 448 S.W.3d 607, 614 (Tex. App.—Houston [14th Dist.] 2014). 7. General v. Special Bank Accounts “if money is deposited without any special agreement, it is a general deposit. . . . in contrast, if money is deposited with an agreement that the money ‘shall be paid out for a specific purpose,’ it is a special account. in that circumstance, the fund is a trust fund, the bank does not acquire title to the money, and the bank becomes a trustee for the disbursement of the money according to the agreement under which the deposit was made. When a trustee relationship is created, a fiduciary duty arises as a matter of law.” Levine v. Steve Scharn Custom Homes, Inc., 448 S.W.3d 637, 659 (Tex. App.—Houston [1st Dist.] 2014).

Quote Of The Month “The guaranty of religious freedom, of the freedom of the press, of the liberty of speech . . . are the great and important guaranties of the Constitution which the lovers of liberty must cherish.” —John Tyler, Fourth Annual Message, December 3, 1844.

Legal Quote of the Month “it is axiomatic that one session of the legislature does not have the power to declare the intent of a past session, and a legislative construction of an act of another legislature is uniformly held to be entitled to little weight.” Chase v. State, 448 S.W.3d 6, 27 (Tex. Crim. App. 2014).

Old News it is arguable that the first and last battle fatalities associated with the Civil War occurred in Texas. The first were forces of Juan nepomuceno Cortina Goseacocheal, who had allied with the union. Cortinia’s forces invaded Texas in May 22, 1861, at the Battle of Carrizo (or Battle of Zapata), two days before elmer e. ellsworth was slain in Alexandria, Virginia. The last were during the May 12–13, 1865 battle of Palmito Ranch, nearly two months after Robert e. lee surrendered at Appomattox. Wikipedia, Battle of Palmito Ranch and Cortina Troubles (March 21, 2015); Texas Historical Association Online Handbook of Texas History, Benavides, Santos and Palmito Ranch (March 21, 2015). ■ May/June 2015

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n Saturday, March 28, the 5th annual Tortfeasors show was held at the Scott Theater at the Fort Worth Community Arts Center in Fort Worth. Thanks to the support of the sponsors, the fundraiser made an approximate profit of $33,000 to support community-service projects throughout the year and the pro bono programs Tarrant County Volunteer Attorney Services (TVAS) and Texas lawyers for Texas Veterans – Tarrant County Chapter (TlTV). As set out below, Tortfeasors5 was directed, written, performed, and managed by volunteer attorneys who put more than 700 hours of their personal time into the non-profit show. Highlights from the show included legal parodies of hit songs “Fancy,” “let it Go,” and “Copenhagen;” a “real” glimpse into legal line conversations; courtroom appearances by television commercial attorneys “Sledgehammer” and “Fierce Arms;” and a court battle between generations in “Old School vs. new School.” Tortfeasors5 was directed by Rik Sehgal. Tortfeasors5 volunteers Ronnie Hall, Courtney Key, Rik Sehgal, and Chris Troutt spent months writing the material for the program. Ronnie Hall also served as the Assistant Director and Musical Director. Brooke Mixon was the Technical Director. Actors in the show provided great entertainment and consisted of Antonio Allen, Kevin Clark, Katie Copeland, John Corbin, Kristina Denapolis, Brad Dowell, leah Gould, Cynthia Gustafson, Ronnie Hall, Kathi Hogan, Marshall Jacobini, Jessica Janicek, Courtney Key, liz larson, James McGrath, Scott Mosley, Shannon Pritchard, Rik Sehgal, and Chris Troutt. Choreography was by Jessica Janicek. Stage Managers Michele Delotto and Karmen Johnson oversaw all of the logistics of putting on the show, and the Stage Crew consisted of Sue Allen, leigh Atkinson, Marla lee, and Melissa Wilks. Ameera Hallaq assisted with the costume and wardrobe for the show. The Tarrant County Bar Foundation and Tarrant County Bar Association extend their thanks and appreciation for all of those involved in the successful event. everyone enjoyed the show. Mark your calendars for April 2, 2016, and invite your friends! ■


Title Sponsor Frost Wealth Advisors Producer Sponsors Cantey & Hanger LLP Kelly Hart & Hallman LLP McDonald Sanders, P.C. State Bar of Texas Texas A&M University School of Law Whitaker Chalk Swindle & Schwartz PLLC

Director Sponsors Bank of Texas (Private Bank) Harris, Finley & Bogle, P.C. Michael J. Henry, P.C. KoonsFuller Family Law Law Offices of Steven C. Laird, P.C. Shannon, Gracey, Ratliff & Miller, LLP Thompson & Knight, LLP Patti & Randy Turner

Actor Sponsors Neal Adams/Adams, Lynch & Loftin, P.C. The Barrows Firm, P.C./Juris Fabrilis Brackett & Ellis, P.C. Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Patricia Graham & Aleed Rivera Haynes and Boone, LLP Tarrant County Bar Association Board of Directors Tarrant County Young Lawyers Association

Stage Hand Sponsors Anonymous Law Office of Art Brender Everett Chambers The Colaneri Firm, P.C. Mattie Peterson Compton Decker Jones, P.C. Phyllis & Judge David L. Evans M. Beth Krugler The Law Firm of Peter Nguyen Nunneley Family Law Center Parker Law Firm Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. Waldron Companies Robert & Marsha West

Prop Sponsors Mark G. Daniel Lively & Associates, LLP


Other Associations’

News & Information

THANK YOU

On behalf of the Tarrant Association of Court Coordinators, I would like to thank all of the sponsors, attorneys, and Tarrant County Bar Association for a successful 2015 Court Coordinators’ Seminar. It was very generous of you to help us get most of CLE credit locally. The Reception for Court Staff was very nice and we want to thank you for your continuing support of us.

Cydney Grubb, President

in the News

Lawyers on the Move & Veronica Chavez Law has joined the law firm of Brackett & ellis, 100 Main Street, Fort Worth 76102. Ms. law’s practice consists primarily of real estate transactions, banking and commercial lending matters, and a wide range of other business and commercial transactions. The law Offices of Paup, Shutt & Associates, P.C. is pleased to announce the addition of a new associate, Kimberly A. Collier, who joins the firm’s estate planning, probate and guardianship practices. Previously, Ms. Collier was the staff attorney for the Judge Steve King, Probate Court no. 1. Ms. Collier received her J.D. degree from Texas Wesleyan law School (now the Texas A&M School of law) in 2009, where she graduated cum laude. Ms. Collier was also the Articles editor of the Texas Wesleyan law Review. She received her undergraduate degree in industrial engineering from Texas A&M university. Murphy Mahon Keffler Farrier, llP, is pleased to announce the addition of Brett M. Epstein to the firm. Mr. epstein received his Juris Doctor, cum laude, from Texas Tech university School of law in May 2014. He served as an Articles editor for the Texas Tech law Review, a senior writer for the Texas Bank lawyer, and executive Mentor Chair for the Mentoring Program. ■

Transition to Practice he May Transition to Practice luncheon will be at noon on T Wednesday, May 20 at the Bar Center. The committee has planned a great panel presentation on “Client interviews.” This is a good program for those newly licensed attorneys to learn what to ask and how to ask it. Watch for more details via email from Cindy. Mark your calendar for the next Transition to Practice luncheon on Wednesday, July 22. Mentors, don’t forget to meet with your Mentee during June as we will not have a meeting. if you have been licensed 10 years or more and interested in being a Mentor OR a newly licensed attorneys (3 years or less) and interested in joining the program, please contact Cindy at cindy@tarrantbar.org. ■

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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 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. 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 817.260.9778. 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 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 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 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. 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.


Texas Lawyers for Texas Veterans

Tarrant County Chapter

Profiles Of Service: Family Law Attorneys

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ith the help of its volunteer attorneys and volunteers, Texas lawyers for Texas Veterans—Tarrant County Chapter (TlTV) provides veterans and spouses of deceased veterans with pro bono legal assistance in a number of areas. Veterans face a number of legal challenges, and assistance with family law matters remains of one of the primary needs of veterans who attend TlTV’s legal clinics. At each clinic, TlTV regularly encounters veterans who need assistance with divorces, child support and custody modifications, and other family law matters. As part of its ongoing series of volunteer profiles, TlTV highlights the efforts and contributions of attorneys who provide assistance to TlTV clients in family law. Since its inception, TlTV has been fortunate to have the support of family law attorneys and members of the Tarrant County Family Bar Association that have served as volunteers and committee members. TlTV Committee Members John Corbin, law Office of John Corbin; Michelle DeLotto, Hurr law Office P.C.; Karin Mayer, law Offices of Karin D. Mayer; Kimberly Naylor, loveless & naylor; and George White, law Office of George White, P.C. regularly attend TlTV committee meetings and TlTV

clinics. in doing so, they assist veterans during legal consultations and share their expertise with other volunteers as well. Other family law volunteers who have attended the legal clinics or assisted veterans during the last year include Carole Cross, law Office of Carole Cross; Jennifer Dillon, The Dillon law Firm; Jennifer Kohl, law Office of Jennifer C. Kohl; David Kulesz, landrith & Kulesz, l.l.P.; Tim Robinson, Robinson, Kardonsky and Stone, P.C.; Elaine Ryan, law Office of elaine K. Ryan; and Diane Wanger, law Office of Diane Wanger. The pro bono assistance provided by family attorneys can make an immeasurable difference in the lives of veterans and their families. One such example is the assistance to a female veteran provided by Nancy Gordon, law Office of nancy A. Gordon, P.C., through the TlTV program. Through Ms. Gordon’s dedicated representation, she was able to secure an order improving the lives of the veteran and her children. in particular, Ms. Gordon notes that “it was a pleasure to work with this veteran to modify a final order resulting in a visitation plan in the best interest of her children.” TlTV extends its appreciation for nancy and all the family law attorneys and judges who work for the benefit of Tarrant County veterans and their families. ■

Thanks To All The Attorneys Who Accepted TLTV Cases This Year: Jodie Connaughton, Strother and Strother Law John Corbin, Law Office of John Corbin Jennifer Dillon, The Dillon Law Firm John Johnson, Johnson & Johnson Aleed Rivera, Law Office of Aleed Rivera Nathan Winkler, Shannon, Gracey, Ratliff & Miller, LLP May/June 2015

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Women Lawyers Section Retreat held at the Gaylord Texan on April 10 & 11

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n April 8, 2015, TVAS volunteers worked with Probate Court #1 to complete the first pilot guardianship clinic for both organizations. TVAS volunteers Taylor Anderson, law, Snakard & Gambill, P.C.; Erik Hudak, erik Hudak law Firm; and Karen Telschow Johnson, Telschow Johnson law, PllC served as the pro bono attorneys for three sets of parents and filed applications of guardianship on their behalf during the clinic. The parents sought assistance from Probate Court #1 to obtain guardianships of their children, who were turning eighteen and aging out of the parents’ “natural” guardianship under the law. The children still require oversight and assistance due to their respective intellectual disabilities and related challenges. TVAS volunteers were able to assist the low-income families to obtain the guardianships and to work with the Probate Court #1 to address this unique need in the community. This event was made possible by the initiative of Probate Court #1 in recognizing and addressing the opportunity to assist the community and by the involvement of Judge Steve King; Barrie Allen, Court investigator; Mary Caroe, Assistant Court investigator; and the rest of the court staff. in addition to the attorneys who serve as the pro bono attorneys, TVAS thanks the many volunteers who made the event

Space For Lease in the historic

possible. in particular, TVAS appreciates the support of Leslie Barrows and the Barrows Law Firm’s sponsorship of the event. Attorney mentors Tena Fox, leach & Fox, PC, and Aimee Stone, Shannon, Gracey, Ratliff & Miller, llP, provided their expertise to the volunteer attorneys during the clinic. TVAS co-chair Patricia LaRue, Benenati law Firm, volunteered at the event. Angela Harvey, law Office of Angela Harvey, supported the event by serving as ad litem for the adult children during the guardianship process. Paralegals Janice Piggott, Joy Trammell, and Linda Webber attended the event and assisted the court staff, attorneys, and clients complete and file the pleadings. Sarah Burns, a third-year Texas A&M law student and past Pro Bono Fellow with the Tarrant County Bar Foundation, assisted at the event. Tarrant County Bar Association staff members Joanne Gonzalez, Tressia Graham, and Carolina Ibarra provided translation assistance and other support at the event. TVAS extends a special thanks to Aleed Rivera for managing the event and ensuring it was a success and to Taylor Anderson for helping coordinate the event. if you are interested in joining the list of volunteers who will assist this growing program, please contact Megan Cooley at megan@tarrantbar.org for more information. ■ WILLS AND ESTATE ASSISTANCE NEEDED! TVAS has eligible clients who need assistance with simple wills and estate planning. If you are willing to provide assistance in this area, please contact Megan Cooley at megan@tarrantbar.org.

Mediation from Both Sides of the Practice

Tindall Square Office Complex in Downtown Fort Worth

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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 attorneys 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

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 May/June 2015

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Lawyer Referral and Information Service

News

Lawyer Referral Service Luncheon W

OW! The TCBA’s lawyer Referral & information Service (lRiS) has enjoyed another successful year with growth in its membership and available cases for its members. lRiS members have benefited from fruitful referrals over the last year that provided additional value to their practices. existing members

should watch out for lRiS renewal packets and mark their calendars for Thursday, May 28th for a membership luncheon hosted by the lRiS. The lRiS luncheon will provide members with an opportunity to meet new administrators, ask questions, and offer suggestions for the program.

FURN. OR UNFURN. SHORT-TERM OFFICE SUBLEASE Attractive 1740 sq.ft. office near downtown available through Jan. 2016. Longer term can be negotiated w. l’lord. Rent $2,760/mo. to creditworthy civ. prac. subtenant. Space includes 3 offices, recept. area, lrg. conf. rm., file rm. Quick avail. Contact 817 348-8802 M-F, or email txgodot@gmail.com

if you are not a member of lRiS, consider it an easy way to start or grow your practice. lRiS staff members are available to meet with attorneys interested in the service to go over the costs, process, and benefits associated with membership. Additional information about lRiS is also on the TCBA’s website. ■

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

GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake

Thank-you to these volunteers: 03/12/2015 Bill Bowers Joe Colvin Sylvia Duarte George Lockwood Francis Nathan Scott Phillips Staff: Carolina Ibarra

03/26/2015 Norma Bazán Bill Bowers Joe Colvin Sylvia Duarte Bryce King Franklin Moore Scott Phillips Staff: Brittany Gilbert

SPECIAL THANK YOU to Ladies Auxiliary, Knights of Columbus, Council 7458 for their sponsorship of LegalLine.

We always need volunteers!!! GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com

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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 Carolina at 817.338.4092 or email carolina@tarrantbar.org.


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alendar of Events

May 2015

June 2015

TueSDAY, May 5 Law Day Awards Dinner • Fort Worth Club

THuRSDAY, June 4 5:00 pm. . . . . . . . . . . . Docket Call Sponsored by Koons Fuller location TBA

6:30 pm. . . . . . . . . . . . Cash Bar Reception 7:00 pm. . . . . . . . . . . . Dinner 7:30 pm. . . . . . . . . . . . Awards Program WeDneSDAY, May 6 noon . . . . . . . . . . . . . Corporate Counsel Section luncheon TCBA Office THuRSDAY, May 7 noon . . . . . . . . . . . . . international & immigration law Section luncheon TCBA Office FRiDAY, May 8 1:00 – 5:00 pm. . . . . . . TlTV Cle Seminar TCBA Office THuRSDAY, May 14 6:00 – 8:00 pm. . . . . . . legalline TCBA Office Volunteers needed TueSDAY, May 19 11:30 am – 1:30 pm . . . Tax & estate Planning Section luncheon City Club noon . . . . . . . . . . . . . Real estate Section luncheon City Club 4:30 pm. . . . . . . . . . . . Solo & Small Firms Section Mixer law Office of leslie Barrows WeDneSDAY, May 20 noon . . . . . . . . . . . . . Transition to Practice for Mentor Program Members only TCBA Office THuRSDAY, May 21 noon . . . . . . . . . . . . . Construction law Section luncheon TCBA Office MOnDAY, May 25 Memorial Day Holiday – TCBA Office Closed TueSDAY, May 26 1:00 – 4:00 pm. . . . . . . last Tuesday Cle TCBA Office WeDneSDAY, May 27 9:00 am – 4:00 pm . . . . Blood Drive TCBA Office THuRSDAY, May 28 6:00 – 8:00 pm. . . . . . . legalline TCBA Office Volunteers needed

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www.tarrantbar.org

May/June 2015

TueSDAY, June 9 5:30 pm. . . . . . . . . . . . Business ligitation & Construction law Sections Mixer Capital Grille THuRSDAY, June 11 noon . . . . . . . . . . . . . energy law Section luncheon City Club 6:00 – 8:00 pm. . . . . . . legalline TCBA Office Volunteers needed FRiDAY, June 12 12:30 – 3:45 pm . . . . . . Brown Bag Seminar – legislative update TCBA Office MOnDAY, June 15 noon . . . . . . . . . . . . . Bankruptcy law Section luncheon Fort Worth Club TueSDAY, June 16 noon . . . . . . . . . . . . . labor & employment law Section luncheon Petroleum Club THuRSDAY, June 18 noon . . . . . . . . . . . . . Construction law Section TCBA Office THuRSDAY, June 25 6:00 – 8:00 pm. . . . . . . legalline TCBA Office Volunteers needed TueSDAY, June 30 1:00 – 4:00 pm. . . . . . . last Tuesday Cle TCBA Office

July 2015

TueSDAY, July 14 11:45 am . . . . . . . . . . . Membership luncheon installation of TCBA Officers and Directors

Advertisers’ Index

The Collie Firm PllC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Fort Worth J.S.B. Companies, inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Foster & east . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Frost Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Gardner & Smith PllC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Garsek & Simon, llP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 John W. Hughes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 21 Frank R. Jelinke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Juris Fabrilis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 KoonsFuller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside front cover law Offices of Jason Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 law Offices of Steven C. laird, P.C. . . . . . . . . . . . . . . . . . . . . . . . . . 24 law Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 lexisnexis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside back cover Short-Term Office Sublease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Stephens Anderson & Cumnings . . . . . . . . . . . . . . . . . . . . . back cover Smythe PC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Texas lawyers’ insurance exchange . . . . . . . . . . . . . . . . . . . . . . . . 23 Tindall Square Office Complex . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Transwestern Fort Worth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22


Improve The Life Of An Abused Child Volunteer to be an Education Advocate for a child in foster care–and help ensure his or her academic success and the best opportunity for a productive future.

What is the Education Advocate Project? The Project’s goal is to improve the academic success of Tarrant County Foster Youth through the help of volunteer attorneys that will serve in the role of education Advocate. This Project is a collaborative effort of the Tarrant County Volunteer Attorney Services (TVAS), Tarrant County Bar Association (TCBA), Texas Young lawyers Association (TYlA), Texas lawyers for Children (TlC), and the judges and court-appointed attorney ad litems of the 323rd Judicial District Court. The education Advocate will serve as co-counsel to the child’s court-appointed attorney and will take actions to ensure the child’s academic success. Duties of the education Advocate include: (1) ensuring appropriate academic and psychological evaluations are performed; (2) obtaining services and accommodations consistent with those evaluations; (3) obtaining adequate support for and access to educational and extracurricular programs; and (4) providing support and obtaining resources for the child to achieve graduation and post-graduate education or training. Why are Education Advocates needed? in 2013, 30,204 children were in the managing conservatorship of the state of Texas, removed from their homes due to abuse or neglect. At least 20% of these children will never obtain a permanent home, and 65% of them will have six or more school changes. They average four to twenty living placements before turning eighteen. More than 37% of these children will drop out of school prior to graduation, and less than 2% of all foster children in Texas attain a bachelor’s degree or higher. in addition to these hurdles, 54% of Texas’ foster children suffer from one or more diagnosed mental illnesses, at least 25% become homeless within six months of turning eighteen, and they suffer from exponentially increased rates of unemployment due to their lack of education and life skills. Who Can Become an Education Advocate? Requirements for education Advocates include good standing with the State Bar of Texas, participation in 7.75 hours of free Cle provided by TlC, and a minimum one-year commitment to the Program. no additional experience in family law, child welfare law, or education law is required. Malpractice insurance will be provided through TVAS and TYlA. Want to learn more? (Bring your own lunch CLE): Attend an introductory Training session hosted by TVAS and TlC on May 19, 2015, at noon at the TCBA Office, and earn 1.0 hours of Cle ethics as you to learn more about the education Advocate Project and how to get started. Please RSVP to patricia.hogue@texaslawyersforchildren.org to sign up for the training or to get additional information. ■

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

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 May/June 2015

TCBA BulleTin

21


Law Offices of Jason Smith

Downtown Arlington Excellent location for an attorney starting his or her practice.

Office Space for Lease • • • •

Prime Location. 801 E. Abram St. Across from the Tarrant County sub-courthouse Ample parking Several offices are available that can be configured for efficient use for conference room, secretarial space or executive space.

For more information, call Frank R. Jelinek • (817) 461-1100 Lease rates that are very competitive with Executive office leasing

672 SF & 448 SF

NEWLY RENOVATED OFFICE SUITES FOR LEASE

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

Ideal for a Small Law Firm! COMPETITIVE RATES!

Located in Park Gardens (Forest Park & I-30 & Chisholm Trail Parkway)

For more info, please call: Bill Behr 817.877.4433

Scan for more info.

Fort Worth Licensed Real Estate Brokerage Firm

SMYTHE PC

APPEALS 777 MAIN STREET SUITE 600 FORT WORTH, TX 76102 817-666-9475 WEBSITE: APPEALS.ME

22

www.tarrantbar.org

May/June 2015


PRIMA FACIE The evidence speaks for itself. TLIE is the 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 $36,550,000 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

May/June 2015

TCBA BulleTin

23


Determination

… from the Law Offices of Steven C. Laird, P.C.

www.texlawyers.com Handling meritorious personal injury and wrongful death cases, including 18-wheeler trucking collisions.

RESULTS DETERMINATION INTEGRITY EXPERIENCE COURAGE AGGRESSIVENESS KNOWLEDGE CONFIDENCE CHARACTER PERSISTENCE ACHIEVEMENT SUCCESS Experienced Lawyers for Serious Cases®

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

24

www.texlawyers.com www.tarrantbar.org

May/June 2015


BAR BULLETIN • May/June 2015 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, Texas 76102-6504 ADDRESS SERVICE REQUESTED

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

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

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

marshaling our resources and securing results that truly make a difference.

TCBA Member Benefits Vendor List

Call us today

817.920.9000 | stephensanderson.com

PERSONAL INJURY TRUCK & AUTO LITIGATION

WRONGFUL DEATH REFERRAL FEES HONORED

STEPGENL5001_Truck_Ad_3.625x10_OUTLINED_FONTS.indd 1

1/27/15 4:10 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.

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