Tarrant County Bar Association Bar Bulletin (January/February 2021)

Page President’s

by GARY MEDLIN

Welcome 2021!

Welcome to 2021!

With all the challenges of 2020 we may never have been more ready for a new year.

I am bullish on 2021 and confident it will be a great year, without even comparing it to the previous year; and in comparison, well, it should be fantastic. With vaccines soon reaching a large portion of the population,we should soon start to get this pandemic under control and return to normal, or whatever our new normal will be. I pray that you all will have a safe, healthy, and prosperous new year!

Did you make any new year’s resolutions? If you did, I wish you success in achieving your goals. I have resolved to spend more time with my eight-year-old daughter, Nadia. I know these precious years will pass too fast and I will long for the time when she still thought I was cool and smart. I understand it is amazing how much a parent’s IQ increases from the time their child is a teen until they reach about 25 years old.

For most or maybe all of the 2020-2021 Bar year we have been unable to have our usual in-person events I have missed those tremendously but I believe we will be able to resume those events in the upcoming Bar year. Our next President, Kimberly Naylor, will be able to have a more visible presence and I am sure she will lead us to a new level of success.

But even with the burden of the Coronavirus, this past year has been a successful one for the Tarrant County Bar Association. Some of that success includes:

1. Texas Lawyers for Texas Veterans

Ֆ 200+ veterans received legal advice through remote clinics

Ֆ 100+ veterans received further pro bono assistance

Ֆ 700+ hours volunteered by 80+ attorneys

Ֆ Two drive-through Wills Clinics with 30+ veterans receiving wills and estate packages (20 of those were formalized at our drive-through will signings)

2. Tarrant County Volunteer Attorney Services

Ֆ 10 clinics this year (including three new subject area clinics)

Ֆ 300+ hours of CLE claimed from the pro bono CLE series

Ֆ 45+ law students volunteered for pro bono programs

Ֆ 90+ attorneys and paralegals volunteered

Ֆ 350+ hours volunteered

Ֆ One new project launched at True Worth Place

3. LegalLine

Ֆ 50+ different attorneys and 20+ law students participated

Ֆ 1100+ callers served through remote LegalLine

This is an incomplete list of our many accomplishments of the current Bar year. That we have been able to be of so much service to our members and the community in spite of the pandemic I think is remarkable and a testament to the organization, our staff, and our members. We also had a successful holiday party drive-through collecting toys, bears, and books for National Adoption Day. Thank you Kimberly Stoner and your committee.

Please mark your calendar for the Annual Meeting and Pro Bono Awards (virtual event) on January 27, 2021.

During this challenging Bar year our staff and Board have worked hard to be good stewards of our resources. We have looked for ways to cut costs and have streamlined operations to save money. Our efforts have been successful and we continue to be in a good position financially but we always need to work on our membership numbers. Please encourage your colleagues to join the TCBA to take advantage of the many values of membership.

Thank you all for supporting the Tarrant County Bar Association with your membership and participation during these truly extraordinary times. Good luck for the coming year and let’s all look forward to returning to in-person gatherings and fellowship. g

Andrea Palmer, President TCYLA

Happy 2021! I’ll skip the jokes and references, and just say, I’m glad to see a new year.

TCYLA will be ringing in the new year with socially distanced events. We are continuing to hold our monthly zoom CLEs, free for TCYLA members. Our next will be January 19, with Lee Hunt of Brackett and Ellis, P.C. presenting “Trademark Registrations and Why They Matter for EVERY Client.” We have also booked a virtual trivia night, using the Geeks Who Drink platform. This is set for January 14, please email Spencer Mainka (smainka@phamharrison.com) to register your team!

I’m very excited to announce a new project for 2021: The TCYLA Attorney-Wellness Care Package. The Texas Young Lawyers Association has generously sponsored this project with a grant. Our goal is to connect with our members, and let them know we are here to support them, even if we cannot meet in person right now. If you are a TCYLA member, watch for delivery of your care package early in 2021. Thanks to TCYLA President-Elect Brian Singleterry and the grant team (Elizabeth, Kolter, Austin, Ola, Harrison, John, and Kate) for making this possible! And if you’re not a

member, now is a great time to join and get on the list! Head over to your TCBA profile to sign up.

I hope you had a quiet holiday season with no December 24th deadlines, and wish you a Happy New Year! g

LegalLine

Calendar of Events

January 2021

5:00 pm - 7:00 pm | Remote Volunteers needed. Contact carolina@tarrantbar.org.

Brown Bag Seminar – Appellate Law

11:45 am - 4:10 pm | Webinar

4 hours CLE requested

MLK Holiday Office Closed

Wellness Connections Committee - Podcast Club

12 pm - 1:00 pm | Zoom

Podcast: Why You Don't Change (But How You Still Can)

Real Estate Section Webinar

12 pm - 1:00 pm | Zoom

Topic: Real Estate and Securities Law

Speaker: John R. Fahy, Whitaker Chalk Swindle & Schwartz PLLC

Wellness Connections Committee Program

4:00 pm - 5:00 pm | Zoom

Topic: Start the New Year with Danielle Vaughn, Life Coach and Meditation Teacher

Investiture for Justice Brian Walker

2:00 pm | Zoom, details on page 17

Tarrant County Bar Foundation’s Annual Meeting & Pro

11:45

|

Diversity Committee Presents: SIDE Bar Conversations

12 pm - 1:00 pm | Zoom

Topic: Systematic Racism: Doest It Exist in the Criminal Justice System? www.tarrantbar.org/syllabus

LegalLine

5:00 pm - 7:00 pm | Remote

February 2021

TCBA Member and Election Meeting

12:00 pm | Zoom

LegalLine

5:00 pm - 7:00 pm | Remote

Volunteers needed. Contact carolina@tarrantbar.org.

President's Day Holiday Office Closed

Brown Bag Seminar – Federal/Procedural

11:55 am - 3:25 pm | Webinar

3 hours CLE requested

Diversity Committee’s Book Club Discussion

12 pm - 1:00 pm | Zoom

The New Jim Crow by Michelle Alexander

Diversity Committee Presents: SIDE Bar Conversations

12 pm - 1:00 pm | Zoom

Topic: Titans of Law: Celebrating Fort Worth’s Black Legal Heavyweights

LegalLine

5:00 pm - 7:00 pm | Remote

Meet the newest TCBF Pro Bono

Intern: Tiffany Daniels

What year are you in law school?

I am currently a 2L at Texas A&M University School of Law.

Why are you passionate about public interest law??

My grandmother was a deputy sheriff for over twenty years. As a child, I watched her show empathy and compassion for those that society labeled as the “others.” Her legacy continues to inspire me to become a public interest advocate, practice law, and provide a voice for those in need.

What’s something you’re looking forward to about working with the pro bono programs?

I am looking forward to working directly with the community to help meet their legal needs. As someone who has been in a position of feeling hopeless, I know how invaluable it is to hear the words, “we may be able to help you.”

What’s an interesting fact about you?

My birthday is on Christmas Eve; therefore, my strongest advocacy skills are on display when I make the argument for a separate gift for my birthday and Christmas every year. g Save

Tarrant County Bar Foundation's Pro Bono Awards and Annual Meeting

100 Club Members of the 2020–2021

*List Reflected Below is as of December 30, 2020

Adams, Lynch & Loftin, P.C

Albert Neely & Kuhlmann, LLP

Anderson & Riddle, LLP

Baker Monroe, PLLC

Bank of America, Private Bank

Barlow Garsek & Simon, LLP

Blaies & Hightower, LLP

Bonds Ellis Eppich Schafer Jones, LLP

Bourland, Wall & Wenzel, P.C.

Brackett & Ellis, P.C.

Broude, Smith, Jennings, & McGlinchey P.C.

Brown, Proctor & Howell, LLP

Curnutt & Hafer, LLP

Decker Jones, P.C.

Forshey & Prostok, LLP

Freeman Mills, P.C.

Friedman, Suder & Cooke, P.C.

Frost Bank

Gaydos Duffer, P.C.

Griffith, Jay & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck, P.C.

Haynes and Boone, LLP

Holland, Johns & Penny, LLP

Hutchison & Stoy, PLLC

Jackson Walker, LLP

K&L Gates LLP

Kelly Hart & Hallman LLP

KoonsFuller, P.C.

Law, Snakard & Gambill, P.C.

Linebarger Goggan Blair & Sampson, LLP

Lively & Associates, PLLC

McDonald Sanders, P.C.

Mellina & Larson, P.C.

Moses, Palmer & Howell, LLP

Murphy Mahon Keffler & Farrier, LLP

Naman Howell Smith & Lee, PLLC

100 Club

Nelson Bumgardner Albritton, P.C.

Noteboom Law Firm

Padfield & Stout, LLP

Pham Harrison, LLP

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

Robbins Travis, PLLC

Second Court of Appeals

Seltzer & Dally, PLLC

Sharen Wilson, Criminal District Attorney's Office

Taylor Olson Adkins Sralla & Elam, LLP

The Blum Firm, P.C.

The Clark Firm, P.C.

The Colaneri Firm, P.C.

Thompson & Knight, LLP

Udeshi Law Firm, PLLC

Underwood Law Firm, PLLC

Varghese Summersett, PLLC

Watson, Caraway, Midkiff & Luningham, LLP

Whitaker Chalk Swindle & Schwartz, PLLC

Whitley Penn, LLP

Wick Phillips

Winstead, P.C.

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2020–2021 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization

that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g

CLECorner

TCBA Offers Free and Low Cost Online CLE to Its Members:

Section Webinars:

Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.

Appellate Law Section

Topic: Brain Break with the Fourteenth Court Houston

Moderator: Jody Sanders, Kelly Hart

Judicial Panel:

• Justice Tracy Christopher

• Justice Kevin Jewell

CLE: .5 hour of Ethics (FREE to TCBA Members)

Topic: Brain Break with the Fifth Court Dallas

Moderator: Jody Sanders, Kelly Hart

Judicial Panel:

• Chief Justice Robert D. Burns III

• Justice Cory L. Carlyle

• Justice John G. Browning

CLE: .5 hour of Ethics (FREE to TCBA Members)

Topic: The Office of Solicitor General: Twenty Years of Representing Texas’s Interests

Speaker: Kyle Hawkins, Solicitor General

CLE: .75 hour

Appellate /Business Litigation Law Sections

Topic: Proof and Pitfalls in Seeking Recovery of Attorney’s Fees

Speaker: Justice Mike Wallach, Second Court of Appeals

CLE: 1 hour

Bankruptcy Law Section

Topic: Bankruptcy Court Procedures During Pandemic and Other Updates

Panelists:

• Bankruptcy Judge Mark Mullin

• Bankruptcy Judge E. Lee Morris

CLE: .5 hour (FREE to TCBA Members)

Business Litigation/Construction Law Sections

Topic: Zoom Trials - Lessons Learned in the First Fully Zoom Trial

Speaker: Judge Nicholas Chu, Justice of the Peace, Pct. 5 Travis County, Texas

CLE: 1 hour

Construction Law Section

Topic: The Intersection of Contracts and Technology

Speakers: Christian Blomdahl, Suffolk; Grant Hagen, The Beck Group

CLE: 1 hour

Topic: Issues in Commercial Construction Bankruptcies

Speaker: Jason Kennedy, Harrison Steck, P.C.

CLE: 1 hour

Corporate Counsel/Labor & Employment Law Sections

Topic: Arbitrarily Selecting Black Arbitrators for Employment

Discrimination Disputes

Speaker: Professor Michael Green, Texas A&M School of Law

CLE: .75 hour

Criminal Law/Labor and Employment Sections

Topic: Cybersecurity: Emerging Threats and the Legal Landscape

Speaker: Kathryn Childress, BakerHostetler

CLE: 0.75 (FREE to TCBA Members)

Energy Law Section

Topic: Surface Conflicts in Oil & Gas Development –Accommodation Doctrine & Excessive Use

Speakers: Graham Simms and Wesley D. Lloyd, Freeman Mills, P.C.

CLE: 1 hour (FREE to TCBA Members)

Fort Worth Business & Estate Section

Topic: The Riley Case: A Comprehensive Charitable Estate Planning Case for a Business Owning Family

Speaker: Phil Cubeta, CLU, ChFC, CAP, AEP, The Wallace Chair in Philanthropy at The American College of Financial Services

CLE: 1 hour

Topic: Recent Developments in Estate Planning

Speaker: Professor Stanley Johanson, University of Texas at Austin School of Law CLE: 1 hour

Topic: Hot Topics in Estate Planning

Speakers: Steve Ackers, Bessemer Trust ; Mike Bourland, Bourland Wall & Wenzel, P.C.; John Porter, Baker Botts, LLP; Lee Schwemer, Former Supervisory Attorney (Estate Tax), IRS; Current Lecturer - UTA

CLE: 1 hour

Topic: National Economic Update

Speaker: Joe Tracy, Executive Vice President and Senior Advisor to the President - Federal Reserve Bank of Dallas CLE: 1 hour

Real Estate Section

Topic: Lessons Learned Related to Water in a Real Estate Transaction

Speaker: Mark McPherson, McPherson Law Firm, PLLC

CLE: .75 hour (FREE to TCBA Members)

Topic: Evictions in the Era of Covid-19

Speaker: Sam Johndroe, Johndroe Law, PLLC

CLE: .75 hour (FREE to TCBA Members)

Topic: Intersections of Real Property and Family Law in Texas

Speaker: Martin Garcia, Simplified Title Company

CLE: .75 hour (FREE to TCBA Members)

Topic: Intersections of Real Property and Immigration Law in Texas

Speaker: Shae Armstrong, Partner, Stinson LLP

CLE: 1 hour (FREE to TCBA Members)

Topic: Real Estate and Bankruptcy: Issues that May Arise in light of Covid-19

Speaker: Machir Stull, Cantey Hanger LLP

CLE: 1 hour (FREE to TCBA Members)

Missed a Brown Bag CLE?

Check out the recordings below and watch at your convenience. Visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.

Brown Bag Seminar (Webinar)

Topic: Bankruptcy and Real Estate

CLE: 3 hours

Presentations include:

Moderator: Brian Singleterry, Cantey Hanger LLP

• Construction Project-Owner Bankruptcy: Lien Priorities and Other Issues (Jason Kennedy, Harrison Steck, P.C.)

• Intersections Between Bankruptcy and Real Estate (Machir Stull, Cantey Hanger LLP )

• Claims that Survive Bankruptcy (Mike McBride, J. Michael McBride, P.C. )

• Bankruptcy Court Updates and Practice Tips (Judge Mark Mullin, U.S. Bankruptcy Court Northern District of Texas)

• The Landlord/Tenant Relationship Within the Bankruptcy Context (Katherine Hopkins, Kelly Hart)

• Tips and Tricks with Frequently Used Real Estate Documents (Robert Ginsburg, McDonald Sanders, P.C.)

Brown Bag Seminar (Webinar)

Topic: Ethics

CLE: 3 hours of Ethics

Presentations include:

Moderator: Brian Singleterry, Cantey Hanger LLP

• Tips and Traps to Avoid Malpractice (Robert Tobey, Tips and Traps to Avoid Malpractice)

• Law Practice Disruptions (Charles Awalt, Charles H. Awalt Law Office; Dwayne Smith, Gardner & Smith, PLLC)

• Diversion Program Ethics (Leon Reed, The Law Office of

Leon Reed, Jr.)

• Professional Ethics (Magistrate Judge Hal R. Ray, Jr., United States District Court Northern District of Texas)

• Technology Ethics (Miles Brissette, The Law Offices of Gill & Brissette - not a partnership; Bob Gill, The Law Offices of Gill & Brissette - not a partnership)

Brown Bag Seminar (Webinar)

Topic: Quick Hits for Navigating Covid-19

CLE: 3.25 hours, including 1 hour ethics

Presentations include:

Moderator: Brian Singleterry, Cantey Hanger LLP

• Employment Issues (Caroline Harrison, Pham Harrison, LLP; Jason Smith, Law Office of Jason Smith)

• Virtual Mediations and Ethical Implications (Jennifer Caldwell, Jennifer M. Caldwell, P.C.)

• Bankruptcy Issues (Mark French, Law Office of Mark B. French)

• CARES Act – Small Business Incentives (Professor William Byrnes, Texas A&M School of Law; Professor Neal Newman, Texas A&M School of Law)

• Judicial Panel (Judge Brooke Allen, Probate Court #2; Judge Patricia Bennett, 360th District Court; Judge Kimberly Fitzpatrick, 342nd District Court; Judge Chris Wolfe, 213th District Court)

Brown Bag Seminar (Webinar)

Topic: Real Estate, Construction, Planning and Zoning

CLE: 3.0 hours

Presentations include:

Moderator: Mary Barkley, Cantey Hanger LLP

• Texas Ad Valorem Property Tax Litigation

Preston J. Dugas III, Preston Dugas Law Firm, PLLC

• Planning and Zoning Law

Justin Light, Pope, Hardwicke, Christie, Schell, Kelly & Taplett, L.L.P.

• Emerging Issues in Real Estate Drafting

Suzanne Frossard, M. Suzanne Frossard, P.C.

• Texas Lien Law Summary

Stephen D. Harrison, Harrison Steck P. C.

• Updates on Texas Construction Law

Cara Kennemer, Underwood Law Firm

Brown Bag Seminar (Webinar)

Topic: “Pot-Pourri”

CLE: 3.0 hours

Presentations include:

Moderator: Sherry Armstrong, The Law Office of Sherry R. Armstrong

• Cannabis Law Issues (Benson Varghese, Varghese Summersett PLLC-Defense)

• Cannabis Law Issues (David Alex, Tarrant County Criminal District Attorney's Office-Prosecutor)

• “Growing the Texas Cannabis Market: State and Federal Cannabis Legislation Now and Tomorrow” (Leslie Ritchie Robnett, Kelly Hart)

• Public Access to Juvenile Proceedings (Brian Willett, Willett Law Office, PLLC)

• Evidence in Juvenile Cases (Lane D. Thibodeaux, Law Office of Lane D. Thibodeaux)

• Determine Sentencing & Juvenile Certifications (Kevin Boneberg, Tarrant County Criminal District Attorney’s Office; Zane Reid, Tarrant County Criminal District Attorney’s Office)

• The Importance of Youth Voice in Court (Dylan Moench, Supreme Court of Texas Children’s Center Commission)

• Juvenile Dispositions (Frank Adler, Frank Adler Law Office)

Free to TCBA Members:

Covid-19 Task Force Presents: Tarrant County Family Courts Covid-19 Update (Webinar)

CLE: 2 hours

Moderator: Kim Naylor, TCBA Task Force Board Liaison and 2020-2021 TCBA President-Elect

Judicial Panel:

• Judge Jesse Nevarez, Jr. (231st District Court)

• Judge Kenneth E. Newell (233rd District Court)

• Judge James Munford (322nd District Court)

Covid-19 Task Force Presents: Tarrant County Civil Courts Covid-19 Update (Webinar)

CLE: 2 hours

Moderator: Nick Bettinger, TCBA Task Force Co-Chair and TCBA Past President (2017-2018)

Judicial Panel:

• Judge David Evans (48th District Court)

• Judge Don Cosby (67th District Court)

• Judge Susan Heygood McCoy (153rd District Court)

• Judge Josh Burgess (352nd District Court)

• Judge Mike Hrabal (County Court At Law No. 3)

Covid-19 Task Force Presents: Tarrant County Criminal Courts Covid-19 Update (Webinar)

CLE: 2 hours

Moderator: Sherry Armstrong, 2020-2021 TCBA Board

Director

Judicial Panel:

• Judge George Gallagher (396th District Court)

• Judge Robb Catalano (Criminal District Court No. 3)

• Judge Brent Carr (County Criminal Court No. 9)

• Judge Deborah Nekhom (County Criminal Court No. 4)

• Judge David Cook (County Criminal Court No. 1)

SBOT Rules Vote 2021

Presenters:

• Lewis Kinard, Chair of the Committee on Disciplinary Rules and Referenda (CDRR)

• Claude Ducloux, CDRR Member

• Brad Johnson, CDRR Staff Attorney

• Vincent Johnson, CDRR Member

CLE: .5 hour

Lessons Learned From 157 Zoom Mediations: Maximizing Your Effectiveness in Your Next Zoom Mediation

Presenters: Beth Krugler and John Brookman

CLE: 1 hour

Tarrant County Young Lawyers Association

Topic: E-Discovery Best Practices and Protocols

Speaker: Dr. Gavin N. Manes, Avansic E-Discovery & Digital Forensics

CLE: 1 hour

Other Online Seminars Available (with no CLE)

Tarrant County Young Lawyers Association Webinar

Topic: “Busy World, Calm Mind: Using Mindfulness to Alleviate Stress and Live with Purpose”

Speaker: Dr. Kathryn Soule, PhD, LPC, Soule Therapy

Wellness Connections Committee Program

Topic: Office Workshop – Pilates at Your Desk

Speaker: Laura West Strawser, Pilates Instructor at the School for Classical and Contemporary Dance at Texas Christian University

Wellness Connections Committee Program

Topic: Cooking Demonstration & Menu Planning

Speaker: Ed Soto, Culinary Director at Fount Board and Table in Dallas’ Uptown neighborhood

Covid-19 Task Force

Topic: Remote Working Tips

Speakers: Nick Bettinger, McDonald Sanders, P.C. Jim Zadeh, Law Office of Jim Zadeh, P.C.

Upcoming CLE

January 15, 2021 | 11:45 a.m. – 4:10 p.m.

Brown Bag Seminar (Webinar)

Topic: Appellate Law

CLE: 4 hours

January 19, 2021 | 12:00 p.m. – 1:00 p.m.

Real Estate Section Webinar

Topic: Real Estate and Securities Law

Speaker: John R. Fahy, Whitaker Chalk Swindle & Schwartz

PLLC

CLE: 1 hour (FREE to TCBA Members)

February 19, 2021 | 11:55 a.m. – 3:25 p.m.

Brown Bag Seminar (Webinar)

Topic: Federal/Procedural

CLE: 3 hours

Texas Lawyers for Texas Veterans Tarrant County Chapter

TLTV Challenge Coins 2020 TLTV By-the-Numbers

TLTV could not have had the year it had without the dedication of the volunteers and the hard work of the committee. As an additional thank you to volunteers that have gone above and beyond, TLTV – Tarrant County will present each volunteer who has volunteered 35 hours or more* for TLTV – Tarrant County with a challenge coin (*hours counted from 01/01/2019 to present). The first challenge coins will be sent in January 2021 to be recognized at the January 2021 committee meeting.

226 veterans received remote legal services

86 veterans served at in-person clinics (prepandemic)

62 attorneys provided legal advice at a remote or in-person clinics

48 attorneys provied pro bono case assistance to veterans

700+ hours volunteers on TLTV pro bono cases this year

Contact kayla@tarrantbar.org for more information about volunteering for veterans with TLTV.

Thank you to each attorney that provided legal advice for TLTV in 2020!

Kyla Gunter

Thank you to all of the attorneys who provided extensive legal assistance to a veteran in 2020!

Kee Ables

Katherine Allen

Jason Amon

Robert Blankenship

Amy Allen

Katherine Allen

Whitney Beckworth

Teddy Boschini

Bob Brown

Julie Camacho

Ola Campbell

John Corbin

Shawn Crawford

Ali Crocker

Carole Cross

Ellen Dickerson

Thomas Duffy

Jonathan Fox

Amy Fuqua

Kassandra Galvez

Ndidi Gbulie

Alexis Gebhardt

Sim Goodall

Catherine Goodman

Carolyn Harrison

Wendy Hart

Luz Herrera

Michael Huph

Lisa Jamieson

Sam Johndroe

John Johnson

Andy Jones

Kate Kim

Deborah Krane

Cheryl Leb

Steve Maglisceau

Spencer Mainka

Mike McBride

Zoe Meigs

David Miles

Jason Miller

George Muckleroy

Melton Myers

Jonathan Petree

Martin Rechnitzer

Hannah Recker

Aleed Rivera

Joe Robles

Lynn Rodriguez

Greg Roper

Karon Rowden

Mallory Schuit

Sarah Seltzer

Melissa Sircar

Mason Smith

Emily Steppick

Amber Tilley

Philip Vickers

Brandon Weaver

George White

Melissa Wilks

Doug Wright

Joseph Young

Ola Campbell

John Corbin

Zoe Courtney

Shawn Crawford

Carol Cross

Michele DeLotto

Bobbie Edmonds

Jonathan Fox

Mark French

Tawana Gray

Wendy Hart

Sam Johndroe

John Johnson

Karen Johnson

Randall Johnson

Carla Kelman

Kate Kim

Deborah Krane

Steve Maglisceau

Cynthia Maragoudakis

Andrew McAlester

Michael McBride

Taylor McPherson

Zoe Meigs

Charles Mitchell

George Muckleroy

Carrie Murdock

Kim Naylor

Martin Rechnitzer

Hannah Recker

Lynn Rodriguez

Cary Schroeder

Cheryl Schwarzer

Victoria Sheedy

Melissa Sircar

Julie Sladek

Dave Small

David Speed

Allen Stidger

Carey Thompson

Diane Wanger

Wendy Walton

George White

Melissa Wilks

Sarah Wilson Lott

Kayla Dailey Pro Bono Programs Director

Kee Ables

David Pritchard

Tarrant County Volunteer Attorney Services

Volunteer with TVAS in 2021!

Despite the many challenges presented by the coronavirus pandemic, TVAS had a year full of innovation, creativity, and providing pro bono services to low income residents of Tarrant County.

A few highlights from the year include two drivethru wills signing ceremonies and launching a virtual legal resource center at True Worth Place. If you’re interested in knowing about how you can assist with TVAS, email kayla@tarrantbar.org. g

Kayla Dailey Pro Bono Programs Director

2020 TVAS By-the-Numbers

70 attorneys volunteered

11 paralegal volunteers

32 law students

100 people assisted through TVAS

300+ hours of CLE claimed from pro bono CLE series

Thank you 2020 TVAS Attorney Volunteers, Mentors, and CLE Presenters:

Jason Amon

Whitney Beckworth

Delaney Blakey

Teddy Boschini

Brittany Brantley

Sean Bryan

Stuart Campbell

Derek Carson

Virginia Carter

Andrea Casanova

John Corbin

Lizette Cortes

Zoe Courtney

Shawn Crawford

Bobbie Edmonds

Eleonora Esparza

Jonathan Fox

Amy Fuqua

Roy Golsan

Stephen Guis

Kate Hancock

Luz Herrera

Brooke Hubbard

Lee Hunt

Caitlyn Hubbard

Lisa Jamieson

Sam Johndroe

John Johnson

Karen Johnson

Sha'branddon Johnson

Deanna Kratovil

Steve Maglisceau

Cynthia Maragoudakis

Kayla Matus

Jim McClain

Nathan McCune

Joanna McKinney

Taylor McPherson

Mitch Monthie

Brettney Moore

Carrie Murdock

Violet Nwokoye

Richard Price

Rachel Ponder

Kylie Rahl

Martin Rechnitzer

Aleed Rivera

Lynn Rodriguez

Greg Roper

Kathy Roux

Josh Ross

Karon Rowden

Brent Schellhammer

Cheryl Schwarzer

Cary Schroeder

Victoria Sheedy

Brian Singleterry

Melissa Sircar

Julie Sladek

Mason Smith

Lisa Sofos

Lori Spearman

Beth Thurman

Benson Varghese

Philip Vasquez

Philip Vickers

Diane Wanger

Jody Walker

Wendy Walton

Whitney Zwieg

Thank you paralegal volunteers for your invaluable help in 2020!

Jessica Amyett

Pamela Carr

Ninfa Cruz

Susan Davis

Claudia Goetz

Lisa Grimaldi

Nancy Honeycutt

Doris Jackson

Trisha Klement

Monty Mayes

Julie Sherman

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Lawyer Referral & Information ServiceNews

Start the New Year with a New Client Base

Join TCBA’s Lawyer Referral and Information Service (LRIS)!

LRIS receives thousands of calls and emails a year from individuals looking for an attorney. Lawyers can join today at a 50% discounted rate.

Being an LRIS member has never been easier or more beneficial with recent technology upgrades. LRIS members can update referrals and make changes to their LRIS panels via their own customized online portal. The website also offers a variety of helpful LRIS resources, including a FAQ page. Please visit www.tarrantbar.org/LRIS_FAQ.

LRIS members can now enjoy more referrals since the public can take advantage of the online referral tool to receive an automatic online referral 24/7. The LRIS program is also prominently featured on TCBA’s home page and “Find a Lawyer” feature. Please visit our website at www.tarrantbar.org.

If you would like to receive more information about LRIS, please visit this link or contact Carolina Ibarra at carolina@tarrantbar.org. g

Welcome New Members of the TCBA:

ATTORNEYS

Michael Ackerman

Dionna Deardorff

Michael Farmer

Colton Gilliam

Cody Gomora

Jesse King

Scott Prescher

Michele Sanchez-Soriano

PARALEGALS

Summer Chappell

Dionne E. Davis

Lindsey Hill

STUDENTS

Stephanie Akin

Dominic T. Alves

Najeeb Aminyar

Henry Arendes

Levi B. Baker

Johnathan Blaine

Sydney Brock

Joshua Burcham

Kristin Bustard

Alex Carrier

Roman Castillo

Michael J. Chavarria

Kristine Clark

Mason Corbett

Brock D. Cornett

Bailey M. Currie

Grace DeJohn

Kyle L. Dockendorf

Rebekah Farrimond

Solange Fournier

Christian Franklin

Joshua D. Frechette

Tyler Fry

Zach Grinovich

Raleigh Hart

Kaylie Hidalgo

Blake Huffstutler

Ana Islas

Michael Kagramanian

William Larimer

Dominque Lee

Victoria Lepesant

Colin C. Maloney

Caroline N. Marlett

Christopher Missimo

Morgan E. Moya

Bret Nance

Arjun Padmanabhan

John Pierce

Madeleine R. Hamparian

Geno Slavchev

Tucker Sowell

Eliza Thomas

Angel Torres

Jonathan Turner

Adam Veary

Robert M. Ward

Chris Wetherson

Hagan Wright

Madison Young

Michael Zaring

Lawyers on the Move & in the News

Jim Whitton, a shareholder in the Fort Worth law firm of Brackett & Ellis, P.C., was elected Chair of the Texas Association of School Boards’ Council of School Attorneys (CSA) at the CSA’s Annual Meeting on October 16, 2020.

The CSA provides a statewide forum on practical legal problems faced by local public schools and their attorneys. The CSA works to promote closer relationships among school attorneys and offers them continuing education programs and other assistance.

The Blum Firm, P.C. is pleased to announce that R. Keith Morris, III , has joined the firm as a Partner. Morris is a leading probate and guardianship litigation attorney, practicing across Texas including in Houston, Dallas/Fort Worth, Corpus Christi, and San Antonio.

Morris earned his Doctorate of Jurisprudence from the University of Houston Law Center in 2001 and his Bachelor of Arts in Political Science from Texas A&M University in 1997.

Bourland, Wall & Wenzel would like to welcome our newest associate attorney Austin Caldera Mr. Caldera graduated with honors from the Texas Tech University School of Law. His practice focuses primarily on general civil litigation and he will be specializing in legal research over complex matters. Mr. Caldera can be reached at 301 Commerce Street Suite 1500, Fort Worth, TX 76102, 817.877.1088.

Allyson Torres Beckman has joined labor and employment litigation firm Pham Harrison LLP as Of Counsel.

She has represented and provided counsel to managerial clients on complex employment issues, including litigation avoidance and compliance issues with federal and state employment laws—discrimination, harassment and retaliation; leaves of absence; wage and hour; discipline and involuntary termination; and contract disputes.

Beckman earned her J.D. in 2000 from Texas Wesleyan University School of Law (currently Texas A&M University School of Law) and graduated from the University of North Texas with a Bachelor of Science degree. g

Membership Report - Ring in the New Year with 50% Off LRIS & TCBA Membership

We hope you enjoyed the holiday season and are ready to ring in the new year with resolutions for 2021! TCBA is kicking off the new year with a 50% off membership promotion for all new and lapsed members through the end of March, so spread the word to your colleagues who have not yet experienced the many benefits of a TCBA membership. If you are a current TCBA member, you may consider starting the new year with a new client base by joining our Lawyer Referral and Information Service for 50% off. If you would like more information about LRIS, contact our LRIS Administrator at carolina@tarrantbar.org.

We at the TCBA are striving to ensure you get the most out of your TCBA membership and stay

informed and connected. The TCBA provided over 100 hours of CLE to its members in 2020 and if you’ve missed any recent CLE webinars, you’ll be happy to know that these recordings are available to TCBA members for free or at a reduced cost via our online CLE Catalogue at www.tarrantbar.org/cleondemand.

As always, thank you for your continued support of the Tarrant County Bar Association and if you have any questions about your membership or TCBA programs in general, please feel free to contact me at laurensc@tarrantbar.org and I would be happy to help! g

Lauren St. Clair Membership Director

LegalLine

A Successful Remote Year

Thank you to everyone who helped make LegalLine a success in 2020. For the first time in Tarrant County LegalLine’s history, the majority of LegalLines were held entirely remotely.

In the fall, law students began observing attorneys making these calls via zoom. Based on the huge success, LegalLine will continue the remote model in 2021. If you want to know more about volunteering, email carolina@tarrantbar.org.

LegalLine Statistics

1208 LegalLine calls made for remote legal advice

254 calls answered in office (pre-pandemic)

64 people on average served each remote LegalLine

23 law students observed for pro bono hours

388 hours volunteered by attorneys

Thank you to each attorney volunteer!

Sue Allen

Norma Bazán

Whitney Beckworth

Nick Bettinger

Julie Camacho

Ola Campbell

Andrea Casanova

Theresa Copeland

John Corbin

Zoe Courtney

Ali Crocker

David Dowell

Beth Edwards

Eleonora Esparza

Ndidi Gbulie

Joshua Graham

Linda Gregory

Kayla Harrington

Francisco Hernandez

Sam Johndroe

Donald Kaczkowski

Kate Kim

Bryce King

Kursten King

Sarah Kline

Stuart Lumpkins

Cynthia Maragoudakis

Rocio Martinez

Gary Medlin

Zoe Meigs

Margarita Morton

Kerry Moseley

David Moss

Kim Naylor

Violet Nwokoye

Scott Phillips

David Pritchard

Albert Roberts

Lynn Rodriguez

Josh Ross

Karon Rowden

Melissa Sircar

Ty Taylor

Lucas Turner

John Wright

Jim Zadeh

Judicial Profile

Chief Justice Earl P. Hall

Earl P. Hall served six years on the Second Court of Civil Appeals from 1946 to 1952 as associate justice and as Chief Justice for the last two years. He was the fifth chief justice to serve on the court during its first sixty years in operation.

Hall was born in 1904 on a farm eight miles from Bowie, Texas, in Montague County. He grew up in schools in Bowie and attended Texas Christian University for two years in 1923 and 1924 and received his law degree from Cumberland University in Lebanon, Tennessee. After passing the Texas bar in 1926, Hall moved to Henrietta, Texas, to practice law. In 1928 he married Billie Pauline Wiseman at a wedding ceremony in Fort Worth. Hall practiced law ten years in Henrietta; the last four years were as the county attorney for Clay County. In 1937 he was elected judge of the 97th Judicial District Court located in Bowie, Texas, that served Archer, Clay, and Montague counties.

Appointment to Second Court of Civil Appeals

In July 1946, Governor Coke Stevenson appointed Hall as associate justice of the Second Court of Civil Appeals to replace Justice Marvin H. Brown, Sr., who had died. Chief Justice Atwood McDonald had known Hall for years and said, “I consider him an able and competent judge and predict he will be highly regarded when he becomes a member of the court. Judge Speer and I will enjoy working with him and are happy to welcome him to the court.”

Justice Brown had died in June 1946 before the Democratic primary election but after his name was printed on the Democrat primary ballot. Hall secured the recommendation for nomination by the county conventions in the judicial district and did not conduct a write-in campaign. Unexpectedly, Fort Worth attorney J. Carroll McConnell challenged Hall and received 448 write-in votes in the primary election to Hall’s 18 votes. The canvassing committee approved McConnell as the nominee, and the Democratic State Executive Committee certified McConnell as the nominee. Hall disputed the certification, and the decision was reversed in favor of Hall as the nominee. In a heated appeal, a McConnell argued that the committee was an effort to “machine-politic me out of office” and argued that Hall could have gone into the primary with a write-in campaign. McConnell filed a petition for writ

By Perry Cockerell, Perry Cockerell, P.C.

of mandamus in the Texas Supreme Court to challenge the decision, but the court declined to hear his case. Hall won the election in the fall for the remainder of Brown’s term. In March 1948, Hall filed for re-election and faced no opposition and was elected to a six- year term on the court.

Interest in Real Estate

Hall said that growing up on a farm made him appreciate the value of land; he often spent his idle time reading real estate advertisements and thinking about real estate values. In 1950 Hall and his wife purchased a home at 3709 Cresthaven Terrace in Fort Worth. The Fort Worth Star Telegram featured their home in the Sunday newspaper, showing how the Halls wanted to convert their screened-in porch into a breakfast room with lounge chairs and a picnic lunch table for entertaining and would build a new double car addition on the west of the house.

In 1951, Hall imagined building a tall residential apartment building in Fort Worth that looked like a hotel. By this time, Hall owned a hotel in Nocona and several other commercial buildings. “My primary interest,” Judge Hall said, “was to erect a building of this type in Fort Worth because I saw the need of a new apartment hotel.” Hall teamed with Dr. Daniel Gevinson of Washington, D.C., who was the president of the Westchester House Corporation, and did the leg work to get the apartment hotel underway. The 12-story building located at 8th and Pennsylvania near downtown Fort Worth opened in the 1950s as luxury apartments.

Chief Justice

Things changed in May 1951 when Chief Justice Atwood McDonald chose to step down from the court after serving 11 years. Governor Shivers nominated Hall as the Chief Justice and Tom J. Renfro, judge of the 96th District Court, to fill Hall’s position.

Justice Hall said that he first heard of his appointment as chief justice when the governor called him on May 29, 1951, to ask if he would accept the appointment. “Of course, I did,” Hall said. “It is a greater responsibility and carries heavier duties, but I appreciate the governor’s confidence in me.” When Hall was told of Renfro’s appointment, Hall said, “It is further evidence that the governor apparently is trying to build a strong judiciary in Texas.”

A large crowd attended the swearing in of Hall and Renfro in June 1951. Chief Justice McDonald presided at the event and said, “The court is in good hands and it will be one of the outstanding appellate courts in Texas.” Hall was sworn

in by Associate Justice Frank P. Culver, Jr. Hall’s first official act was to swear in Renfro to the court.

In 1952, Hall announced his candidacy for the Chief Justice position. Hall said, “[in] announcing my candidacy I realize that a person in politics is no stronger than his friends, and I would like to take this opportunity of thanking my friends through this District for the splendid support they have given me in the past.” Hall said that “It is my belief that law is the greatest thing devised by men, and that proper administration of it is a demanding task of our courts. The law should at all time portray satisfaction of the average man’s feeling for common justice visibly done. It should meet the demand of a sound and progressive society, and at the same time protect our individual freedom. Believing in the old adage that first a man should earn his spurs before he wears them, I feel my long experience in the trial of civil cases, both in private practice and as District Judge, together with the knowledge I have acquired during my time on the Court, will enable me to discharge my duties even more efficiently in the future.”

Things did not work out for Hall. Fort Worth attorney Frank Massey had pursued the 67th District Court in 1948 and 1950 gained notoriety in Tarrant County. Massey saw Hall as vulnerable. The State Bar conducted a poll, and Hall received 483 votes to Massey’s 90 votes in the poll of lawyers. But Massey defeated Hall in the actual election, receiving 36,493 votes to Hall’s 34,677. Massey carried Tarrant County with 16,474 votes to Hall’s 10,178.

Hall wrote over 40 opinions during his short tenure as Chief Justice on the court. In Blocker v. Davis, he wrote that possession of the surface estate did not ripen into limitation of title as to the mineral estate unless there had been such a dominion exercised over the minerals as would have become notice to owners of the minerals estate that possessor of the surface was claiming the minerals thereunder.

In Ulmer v. Mackey, Hall reversed a case where the trial court refused to grant a stay of the trial in a personal injury automobile accident where a co-defendant was called to military duty in Korea. The court found that the trial court erred in severing the case against the defendant. The court held that every party has a right to be present at the trial of his case and that because his absence may be prejudicial to such rights, “we do not concur in the trial court’s action in overruling appellant’s motion to stay the trial under the facts in this case.”

In Crites v. Faulkner, Hall found that a letter that had instructions of the decedent’s intent after his death and found in a lockbox was nothing more than a letter and not a will.

State Bar of Texas

In February 1954, the Halls sold their home at 3709 Cresthaven Terrace to Mr. and Mrs. Beale Dean. Dean was an attorney working in downtown Fort Worth. The Halls moved to Austin, where he became the general counsel for the State Bar of Texas and spearheaded its campaign against

illegal practice of law.

A notable case that Hall intervened in on behalf of the State Bar involved the ouster proceeding against District Judge C. Woodrow Laughlin, who was removed as judge of the 79th Judicial District Court. The allegations were that Laughlin discharged a grand jury that was prepared to indict his brother. After removal, Hall filed suit on behalf of the State Bar to disbar Laughlin. Hall alleged 11 counts for disbarment in the suit against Laughlin. Prior to trial in November 1954, Hall suffered a setback when he had a major stomach operation. Former Chief Justice Atwood McDonald was called to assist Hall in the case. McDonald and Hall prosecuted the case together and made a calculated decision to waive 10 of the 11 claims and rely solely on res judicata by offering the judgment of removal of Laughlin as the basis for disbarment. Laughlin was defended by B.D. Tarlton, Jr., the son of B.D. Tarlton, Sr., the first chief justice of the Second Court of Civil Appeals. The trial court granted an instructed verdict against the State Bar as to the remaining claim. McDonald and Hall pursued the appeal, but the San Antonio Court of Civil Appeals affirmed the instructed verdict in State v. Laughlin, finding that the prior judicial removal proceeding was not the type of conviction entitled to res judicata and that the State Bar needed to have offered proof to support the claim for disbarment of Laughlin.

Hall and his wife settled in Wichita Falls in the 1960s, where he practiced law until he died on January 2, 1983, at the age of 79.

Postscript

In 1972 at age 17 I visited a friend from high school, Webster Dean, whose father was Fort Worth attorney, Beale Dean. I had no idea that the Deans lived in the former home of Chief Justice Hall. In 1983 I remember seeing the home was up for sale and I called Mr. Dean about purchasing the property. He offered a good price but I did not buy the home.

Forty-eight years later, in 2020, while surviving the pandemic, Webster Dean came to have dinner with my family and asked what I was working on. I said, “A judicial profile of the fifth chief justice of the Second Court of Appeals. Did you know that you grew up in the home that was owned by Chief Justice Hall?”

“I do know the name,” Webster said. “When I was young, I remember going into the attic and finding a box marked ‘Hall.’ I opened it up and there was still some wedding cake in the box.” g

DON’ T FORGET TO VOTE

The rules vote will be conducted February 2 through March 4, 2021. Attorneys may vote using paper or electronic ballots.

Attorneys will vote on proposed amendments to the Texas Disciplinary Rules of Professional Conduct and Texas Rules of Disciplinary Procedure. The proposals were developed in accordance with the new process required by the State Bar Act, which maximizes transparency and provides attorneys and the public with multiple opportunities for comment.

Eight ballot items are included in the rules vote. Detailed information can be found at texasbar.com/rulesvote, including:

• Redlined and clean versions of the proposals

• Summary of proposed rules

• Schedule of public forums

• Other helpful background information

Wellness Connections Committee

Wellness

Committee Monthly Podcast Club

JANUARY 2021

“Why You Don't Change (But How You Still Can) ” Podcast Discussion

https://www.tarrantbar.org/podcast1

January 19, 2021 | 12:00 p.m.

FREE Event via Zoom

Speaker: Kate Casey, JD LPC of Autumn Ridge Counseling and Wellness in Southlake

Are you interested in making a small investment in your overall wellness with the potential for a lasting pay off? If so, then join the Wellness Committee’s monthly Podcast Club. Each month we will listen to a designated podcast, each at their own convenience, and gather for a lunch hour discussion.

Anyone who’s ever tried to lose weight, curb their temper, quit smoking, or alter any other habit in their lives knows that personal change is hard. Really hard.

Dr. Ross Ellenhorn, has spent his career facilitating the recovery of individuals diagnosed with psychiatric and substance abuse issues. In his latest book, How We Change (And Ten Reasons Why We Don’t), he’s taken what he’s learned in his work and applied it to anyone trying to change their lives. g

Start the New Year with Danielle Vaughn

Life Coach and Meditation Teacher

January 20 2021 | 4:00 p.m. Committee business to be conducted after presentation, at approximately 4:50 p.m.

FREE Event via Zoom

Speaker: Danielle Vaughn, Life Coach and Meditation Teacher in Southlake

Start the new year with new hope, clarity and calm. Danielle Vaughn, Life Coach and meditation teacher, will guide the group in self-reflection and dynamic dialogue to inspire new creativity, growth and awareness for the new year. The session will conclude with a guided meditation. Danielle Vaughn has a coaching practice in Southlake, Texas and offers one-one-one sessions, group work, and workshops. You can find out more and gain access to helpful tools to help on your journey at www.daniellevaughn.com. g

Upcoming FREE Wellness Programs

February 17, 2021

Jeka Sisco with the Blue Zones will share tips and ideas on how to improve health and wellness.

March 17, 2021

Dr. Staussa Ervin of MindPeace Intergrated Psychotherapy will discuss mindfulness meditation, breathing exercises and ways to increase relaxation and over all wellbeing.

Thank You for Supporting TCBA’s Holiday Donation Drive By and Drop Off

With the legal community’s help and support, TCBA’s Holiday Committee collected hundreds of toys, books, and bears for Toys for Tots and the

courts.

(Left Photo): Janet Denton

(Right Photo): Karmen Johnson, Shannon Pritchard, Ami Decker, Dana Manry, and Kimberly Stoner (Chair)

Tarrant County family

Snippets

Civil and Criminal

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB

Judge Bob, what is the Invited Error Doctrine?

Under what is termed the invited error doctrine, a party cannot complain on appeal about an action that the trial court took at the request of the complaining party. … The invited error doctrine applies when a party “unequivocally take[s] a position in the trial court that is clearly adverse to its position on appeal.”

Meyers v. 8007 Burnet Holdings, LLC, 600 S.W.3d 412, 422 (Tex. App.—El Paso 2020).

MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN

(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)

I want to die peacefully in my sleep, like my grandfather, not screaming and yelling like the passengers in his car.

DANES’ QUOTE OF THE MONTH

Pug is come!—come to fill up the void left by false and narrow-hearted friends. I see already that he is without envy, hatred, or malice—that he will betray no secrets, and feel neither pain at my success nor pleasure in my chagrin.

—George Eliot

CRIMINAL ITEMS OF INTEREST

1. Lesser Included Offense

Anything more than a scintilla of evidence may be sufficient to entitle a defendant to a jury instruction on a lesser included offense.

Rodriguez v. State, 553 S.W.3d 733 (Tex. App.—Amarillo 2018).

2. Jury Argument

Permissible jury argument is limited to four areas: (1) summation of the evidence; (2) reasonable deductions from the evidence; (3) responses to opposing counsel’s argument; and (4) pleas for law enforcement. Pena v. State, 554 S.W.3d 242 (Tex. App.—Houston [14th Dist.] 2018).

3. Sentencing

Co-Editor Judge Carey Walker, County Criminal Court No. 2

The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to have counsel present at all critical states of a criminal proceeding. Sentencing is a critical stage in a criminal proceeding during which substantial rights may be affected, and a sentence cannot stand if a defendant is totally deprived of the assistance of counsel at sentencing.

Simon v. State, 554 S.W.3d 257 (Tex. App.—Houston [14th Dist.] 2018).

4. Probation Revocation

The trial court has discretion to revoke community supervision when a preponderance of the evidence supports at least one of the State’s alleged violations of the conditions of community supervision. This standard is met when the greater weight of the credible evidence creates reasonable belief that the defendant has violated a condition of his community supervision.

Guerrero v. State, 554 S.W.3d 268 (Tex. App.—Houston [14th Dist.] 2018).

5. Mistrial

Ordinarily, a prompt instruction to disregard will cure any error associated with an improper question and answer. A mistrial is required only if the improper question and answer are clearly prejudicial to the defendant and of such character as to suggest the impossibility of withdrawing the impression produced on the minds of the jurors.

Green v. State, 554 S.W.3d 785 (Tex. App.—Houston [14th Dist.] 2018).

6. Firearms

A conviction for possession of a firearm by a felon requires proof that the defendant knew of the weapon’s existence and that he exercised actual care, custody, control, or management over it. State may prove possession of a firearm by a felon through direct or circustantial evidence, although the evidence must establish that the accused’s connection with the weapon was more than fortuitous.

Majors v. State, 554 S.W.3d 802 (Tex. App.—Waco 2018).

7. Probation Revocation

The trial court’s decision on a motion for adjudication of guilt and to revoke deferred adjudication community supervision is reviewable in the same manner as revocation of ordinary community supervision. The State must prove by a preponderance of the evidence that the person on community supervision violated a term of his supervision.

Noah

Moses

The State meets the standard when “the greater weight of the credible evidence creates a reasonable belief that the defendant violated a condition of his community supervision.”

Bell v. State, 554 S.W.3d 742 (Tex. App.—Houston [1st Dist.] 2018).

CIVIL ITEMS OF INTEREST

1. Negligent Hiring

Negligent screening, hiring, training, and supervision claims are all simple negligence causes of action based on an employer’s direct negligence rather than on vicarious liability. Therefore, to impose liability on an employer under the theory of negligent hiring or retention, a plaintiff must show the employer’s failure to investigate, screen or supervise its employees proximately caused the injuries incurred by the plaintiff.

Douglas v. Hardy , 600 S.W.3d 358, 366 (Tex. App.—Tyler 2019).

2. Health Care Liability

“In determining whether the expert report represents a good faith effort to comply with the statutory requirements, the court’s inquiry is limited to the four corners of the report. “We may not ‘fill gaps’ in an expert report by drawing inferences or guessing what the expert likely meant or intended.” “We determine whether a causation opinion is sufficient by considering it in the context of the entire report.”

Head v. Hagan, 600 S.W.3d 375, 380 (Tex. App.—Tyler 2019).

3. Unconscionability

Unconscionability has no precise legal definition because it is not a concept, but a determination made in light of a variety of factors. … In deciding whether a contract is procedurally unconscionable, we look to: “(1) the entire atmosphere in which the agreement was made; (2) the alternatives, if any, available to the parties at the time the contract was made; (3) the non-bargaining ability of one party; (4) whether the contract was illegal or against public policy; and (5) whether the contract is oppressive or unreasonable.”.

APC Home Health Servs. v. Martinez, 5600 S.W.3d 381, 394 (Tex. App.—El Paso 2019).

4. Texas Citizens Participation Act

A broad range of communications, in various mediums, are covered by the TCPA. … Moreover, as the Texas Supreme Court has recognized, even private communications on “matters of public concern” are covered by the TCPA. Conversely, when a claim does not allege a communication, and is instead pased on a defendant’s conduct, the TCPA is not implicated. Pacheco v. Rodriguez, 600 S.W.3d 401, 409 (Tex. App.—El Paso 2020).

5. Sovereign Immunity

Sovereign immunity protects the State, as well as its several agencies, boards, hospitals, and universities, from lawsuits

for money damages. … A lawsuit against a government actor in their official capacity is effectively a suit against the entity, and the actor generally has the same immunity enjoyed by the entity. Texas recognizes an exception to that rule, however, for “ultra vires” acts. But in order to bring an ultra vires claim against a government actor, the plaintiff must “allege, and ultimately prove, that the officer acted without legal authority or failed to perform a purely ministerial act” imposed by law.

Permiacare v. L.R.H., 600 S.W.3d 431, 441 (Tex. App.—El Paso 2020).

6. Removal of a Judge

A Texas judge may be removed from a case if he or she is (1) constitutionally disqualified, (2) subject to a statutory strike, (3) subject to a statutory disqualification, or (4) subject to recusal under rules promulgated by the Texas Supreme Court.

Caballero v. Vig, 600 S.W.3d 452, 457 (Tex. App.—El Paso 2020).

7. Disqualification of Counsel

The “fact that a lawyer serves as both an advocate and a witness does not in itself compel disqualification.” Disqualification is appropriate only if the lawyer’s testimony is “necessary to establish an essential fact.” It is the movant’s burden to show that opposing counsel’s testimony will be necessary. The party requesting disqualification must also show that the opposing lawyer’s dual roles as attorney and witness will cause the party actual prejudice.

Love v. State, 600 S.W.3d 460, 476 (Tex. App.—Fort Worth 2020).

QUOTE OF THE MONTH

Law will never be strong or respected unless it has the sentiment of the people behind it. If the people of a state make bad laws, they will suffer for it. They will be the first to suffer. Suffering, and nothing else, will implant that sentiment of responsibility which is the first step to reform.

—James Bryce

OLD NEWS

The Flood of ‘49

It is remembered as the worst flood in Fort Worth’s history, the time when water from the Trinity River lapped at the second story of Montgomery Ward on West Seventh Street. The Great Flood of 1949 began Monday, May 16, when the skies opened up and dumped as much as a foot of rain on some parts of the city. Already swollen by spring rains, the Clear Fork and West Fork of the Trinity overflowed their banks, inundating the north and west sides of Fort Worth. Water surged through streets and yards, carrying away people, houses, pets, livestock, furniture, cars, and anything else that floats. The water was 12 feet deep on Forest Park Drive. Businesses and homes along North Main were evacuated, and a 10-foot torrent swept over the Van Zandt Viaduct on West Seventh. Many residents clinging to trees were rescued. g

H. Dustin “Dusty”

Fillmore, Sr. 1931-2020

H. Dustin "Dusty" Fillmore, Sr., devoted husband, father and grandfather, went to be with his Lord and Savior, Jesus Christ, on November 11, 2020 as a result of pancreatic cancer.

Dusty was born to Hartson W. ("H.W.") and Versa Ann Fillmore in Sudan, Texas on July 1, 1931. Not long thereafter, H.W. moved his family to Wichita Falls, Texas where he continued his law practice for the next 48 years, until his death in 1979, eventually serving as both a County Court at Law Judge and District Court Judge in Wichita County. Dusty's uncle and H.W.'s brother, Clyde Fillmore, also practiced law in Wichita Falls, practicing there for 64 years until his retirement in 2000, eventually serving two terms as the District Attorney of Wichita County.

Dusty graduated from Wichita Falls High School (a/k/a "Old High") and, at the age of 17, left Texas to attend Northwestern University in Evanston, Illinois. In 1949, when class was called off due to Northwestern's first-ever appearance in the Rose Bowl, Dusty hitchhiked by himself from Evanston, Illinois to Wichita Falls, Texas, armed only with brass knuckles (which are still in the family), returning unannounced to his parent's home in Wichita Falls. A Texan at heart, Dusty eventually left frigid Evanston for the relatively balmy climate of Wichita Falls. As he would often remark about his return to Texas, "I've only recently thawed out from my time at Northwestern."

Returning to Texas, Dusty served in the United States Air Force, being honorably discharged in 1954. He also attended and graduated from Midwestern State University. He then attended the University of Texas School of Law, graduating from there in 1956.

It was at the University of Texas that Dusty met and fell in love with Nancy Chambers. Dusty and Nancy married in December of 1956.

Dusty's legal career took him to Dallas, Wichita Falls, and finally Fort Worth. In 1957, Dusty began his service as an Assistant District Attorney in Dallas County under famed District Attorney Henry Wade. There, Dusty excelled in trial practice, developing and honing the skills that made him a fierce trail advocate, a deadly-effective cross-examiner, and one of the greatest at delivering the final argument.

After leaving the Dallas D.A.'s office, Dusty returned to Wichita Falls where both his father and uncle had successful law practices, with Dusty joining his father's law firm in 1960. From there, Dusty launched what would become a 42year career as a civil trial lawyer, representing clients and trying cases in civil courts all over Texas. In the process, Dusty would earn a nation-wide reputation as one of the best and most honorable and respected civil trial lawyers in Texas. Dusty tried and prevailed over some of the best lawyers in the country, including famed Texas trial lawyer, Joe Jamail. A testimony to Dusty's character, Mr. Jamail and he ended the trial as friends even though Dusty had defeated him in the court room.

In 1975, with Dusty's client-base expanding all over Texas, and particularly in Fort Worth, Dusty and Nancy moved

InMemoriam

their family to Fort Worth. By that time, the family included two sons: H. Dustin ("Dusty") Fillmore, III and Charles W. ("Chad") Fillmore, both of whom followed in their grandfather, great uncle and father's footsteps, became attorneys, and now practice law together in Fort Worth at the Fillmore Law Firm, LLP.

From 1975 until his retirement in 2002, Dusty served as one of the premier Fort Worth trial attorneys. Because of his preeminent skills and commitment to the highest ideals of the practice of law, Dusty received numerous awards and accolades. Among them were his induction into The American College of Trial Lawyers and The American Board of Trial Advocates. In 2005, the Tarrant County Bar Association awarded Dusty its prestigious Blackstone Award - an award given in recognition of a legal career that exemplifies professional excellence, integrity, and courage. As the Bar President wrote when announcing the Bar's choice:

"Dustin's consistent integrity, skill and knowledge have served his clients well. He is an outstanding trial lawyer, a credit to the bar and to his family, and is deserving of the highest honor which the Tarrant County Bar Association can bestow."

Dusty was indeed a "lawyer's lawyer," one who exemplified all that is good about the practice of law, especially as a trial lawyer.

But if you asked Dusty to tell you his top priority in life, he would not say "the law," or "trying cases," or flying (Dusty was an accomplished private pilot as well), or politics (he had strong opinions there too), or even "my family" (whom he loved dearly). Dusty's number-one priority was his relationship with his Lord and Savior Jesus Christ. Dusty knew very well that he was a sinner saved by God's grace. Dusty saw himself in the words of that favored hymn of his, "Amazing Grace," as the "wretch like me" whom God had saved. Dusty struggled mightily to comprehend God's incomprehensible grace toward him.

Amazed by God and His grace, Dusty loved the Lord and avidly studied His Word, devoting himself to a genuine pursuit of God and His holiness. And Dusty wanted anyone who was near him to know and love the Lord and His Word too.

Dusty made sure his family attended churches where the Bible was faithfully preached and the God of the Bible faithfully lifted up. He highly valued the preaching, teaching and friendship of his longtime pastor and friend Dr. Joe Sahl (pastor of Believer's Fellowship Bible Church, Fort Worth) as well as his friend David Jacks (pastor of Christ the King, Fort Worth). He listened to recordings of and read works by preachers whom he greatly respected, especially Dr. S. Lewis Johnson of Believer's Chapel Bible Church (Dallas), John F. MacArthur, and R.C. Sproul, each with whom he had correspondence.

Dusty cherished the doctrine of sovereign (or irresistible) grace and made it his mission to try to help everyone within his sphere of influence to understand, see the beauty of, and love that important truth. Admittedly, he did so occasionally to the point of mutual but harmless irritation.

Later in life, Dusty served in Kairos Prison Ministry where he befriended and mentored many men in prison. A small testimony to the Lord's work through Dusty in that ministry is the extensive correspondence he maintained with

the men, even long after he lost the ability to make the trip to and from Tennessee Colony, Texas. Those men continue to testify to the great blessing Dusty was to them and to their understanding of and love for the Lord.

For the last several years of his life, Dusty also participated in Bible Study Fellowship ("BSF"), where he was a blessing to the men in his several small groups. His sons still regularly hear Dusty's former BSF classmates expressing their admiration and appreciation for Dusty's knowledge of Scripture and his commitment to the Lord.

Not to lay down the plow before it was time, at the age of 85 Dusty started and led a Bible study at Trinity Terrace Retirement Community where Nancy and he moved in 2016. Dusty continued to lead the study until his health made it impossible for him to do so, even with the help of his faithful friend and co-leader in that ministry, Jim Turner.

While far from perfect, Dusty was a genuine Christian, well aware that his right standing before God was by grace, through faith, all of which was the gift of God. Dusty's relationship with and commitment to the Lord are what truly defined him. In short, his identity was in Christ.

With the passage of time, Dusty lost his youth, his pilot's license, his job as "daddy," his law practice, his driver's license, his companionship with his loving wife (due to Nancy's dementia), and ultimately his physical health. But time could never steal Dusty's active faith in the completed work of Jesus Christ:

'Death is swallowed up in victory.'

'O death, where is your victory?

O death, where is your sting?'

The sting of death is sin, and the power of sin is the law. But thanks be to God, who gives us victory through our Lord Jesus Christ. I Corinthians 15:54b-56

Dusty was indeed a "good and faithful servant" of the Lord Jesus Christ. Even though he is dead, yet he lives - now more than ever! John 11:25.

Dusty is survived by his loving wife (of 64 years) Nancy. Dusty is also survived by his son H. Dustin Fillmore, III and his wife Susan and their children and spouses: Dustin and Adriana Fillmore, Nathanael and Camille Fillmore, Sara Fillmore Beach and her husband Thomas, and Benjamin and Lucy Fillmore. Dusty is also survived by his son Charles W. Fillmore and his wife Susi and their children and spouses: Courtney Fillmore, Emily Fillmore Schoen and her husband Austen, Chad and Lauren Fillmore, Hartson Fillmore and his fiancé Olivia Schoening, and Hillary Fillmore. Dusty is also survived by his granddaughters, Micki Peak and Elizabeth Harris and their spouses and children. Finally, Dusty leaves behind countless loved-ones and friends whose lives he has blessed and who have blessed him.

The family is very thankful for those special people who took time to love and care for Dusty in his final days. Pastor Joe Sahl, Pastor David Jacks, and Bill Fearer spent many hours with Dusty discussing Scripture, the surety of God's promises, and our glorious future as Christians. Their companionship and fellowship were greatly appreciated by Dusty and his family. The family is also very thankful for Dusty's hospice nurses, especially Erin, who was so attentive, gentle, supportive, loyal, pleasant, and comforting to all. The family is also very thankful for Dusty's care providers from Nurse Next Door, and especially Maia, Niccia and Lee. What a blessing all of the care providers have been to Dusty and his family in these last days! g

Published in Star-Telegram on Nov. 15, 2020.

John William McMackin, 90, passed away peacefully on December 10, 2020 surrounded by family members and caregivers.

John was born July 9, 1930 in Effingham, Ill., the son of Eileen Wilson McMackin and John Thomas McMackin. John earned his LL.B degree from the University of Illinois in 1953. He moved to Fort Worth in 1956 to join the McGown, Godfrey, Logan & Decker law firm. In 1990, the firm became known as Decker, Jones, McMackin, McClane, Hall & Bates.

John was known for his quick, witty sense of humor and very inquisitive mind. He loved to fish, hunt, golf, travel and, most of all, party with his family and friends.

He was a member of River Crest Country Club, Exchange Club of Fort Worth, Steeplechase Club and the Arlington Heights Cribbage Club.

John's greatest joy in later life were his four grandchildren, all of whom adored and loved their P-Paw. He was preceded in death by his parents; and by his beloved wife of 41 years, Martha Baldridge McMackin, in 2002.

Survivors include his special friend and companion, Vivienne Wilson; his daughter, Patricia McMackin Doswell and husband, Menard IV; his son, John Thomas McMackin, Jr. and wife, Denise; four grandchildren, Martha and Crawford McMackin, and Alexis and Annabelle Doswell; his brother, David Wilson McMackin and wife, Marilyn, of Nashville, Tenn.; caregivers, Courtney Downing and her mother, Tracie Downing, Courtney Fairchild and sister, Brittany Fairchild, Gaitrie Gosai, Carmen Harris, and Paula Johnson. g

Published in Star-Telegram on Nov. 15, 2020

Judge Melton D. Cude 1955-2020

Judge Melton David Cude, 65, went to be with our Lord Sunday, November 29, 2020.

Melton was born June 22, 1955 to Milvern Leslie and Margaret Ann (Gettys) Cude in Decatur, Texas. He was united in marriage October 9, 1982 to Billie Arlena Hesteande in Decatur, Texas. Melton graduated Texas A&M/ Baylor Law School, and joined the law firm Woodruff, Fostel, Wren, and Simpson, working there for about 6 ½ years. He went on to be the County Court of Law Place 1 Judge for many years. Melton was in the National Guard for 8 years and was a member of the First Baptist Church in Decatur. He was a Scout leader while David was in the Boy Scouts and a member of the Decatur Rotary Club. He was preceded in

death by his parents.

Those left behind to cherish his memory are his wife, Arlena Cude of Decatur; his son, David Cude and wife Kristen of Denton; his daughter, Amy Casares and husband Noe of Decatur; his grandchildren, Evanglynhnn and Nehemiah Casares of Decatur, and Jireh Grace Cude of Denton; his brother, Murray Cude of Decatur; 1 niece, several cousins; his father-in-law, J.L. Hesteande of Decatur; and a host of friends. g

Published on Hawkins Funeral Homes website.

William P. Hallman, Jr. 1942-2020

illiam Prestridge Hallman, Jr. ("Bill"), a beloved husband, devoted father, benevolent curmudgeon, respected lawyer, and incomparable friend, died from complications of cancer at home surrounded by family on November 30, 2020. He left with no regrets, having lived a life of love, friendship, travel, meaningful work, and generous service. His steadfast moral compass and excellent judgment were invaluable to many people and organizations in the Fort Worth community and beyond.

Bill was born September 5, 1942, in Cleburne, Texas, the first child of Ida Ruth and William Hallman. At age 3, he contracted polio, which left one of his legs paralyzed but never limited his pursuit of interests. He played sandlot baseball, going to bat for himself and using a proxy to run the bases. His love of the sport and encyclopedic knowledge of baseball trivia never waned. He remarked frequently that, but for his polio, he would have aspired to play baseball professionally. He thought he "could have been a contender."

Through his youth and early teens, Bill had numerous experimental surgeries in hopes of preserving his ability to walk. The success of these procedures had a profound impact on his life and gave him a deep respect and reverence for doctors. His family is grateful for the exceptional care provided by his physicians, including Drs. Alan Davenport, Justin Martin, John Burk, John Heymach, Thomas Dewar, John Durand, Carlos Bagley, Cory Collinge and Sanjay Oommen. The wise counsel and close friendship of Dr. Jim Harper also has been invaluable to Bill and his family for many years.

From an early age, Bill was a voracious reader. The Cleburne library had a two-book limit that was quickly waived after the librarian took note of his insatiable appetite for reading. The approximately 7,000 books in his ever-growing home library filled every wall, double-stacked on floor to ceiling shelves. He read fiction (especially mysteries), biographies, essays, humor and satire, volumes about history, philosophy, physics, politics, baseball, art, music, film, and many domestic and international daily newspapers. His book collection was

playlist might include songs by a yodeling cowboy, a German army chorus, a bagpipe band, a symphony, and a '50s pop artist.

Bill received his bachelor's degree from Baylor University, law degree from the University of Texas at Austin, and MBA from Stanford University. Bill's time in Palo Alto coincided with the Vietnam War. He witnessed student demonstrations and took a week away from school to visit and observe Haight-Ashbury during the Summer of Love. His years at Stanford fostered a lasting love for the beauty and climate of Northern California and inspired him to see more of the world.

Bill started his career as a tax accountant in Dallas before practicing law. He met his best friend, Mark L. Hart, Jr., when he moved to Fort Worth to open a satellite office of Vinson & Elkins LLP and provide additional legal services for clients of prominent trial lawyer Dee J. Kelly. Mark and his wife Adele introduced Bill to the love of his life, Nancy. They recently celebrated 42 years of marriage.

WIn 1979, Bill co-founded the law firm Kelly, Hart & Hallman LLP, which has grown to more than 150 lawyers with 5 offices throughout Texas and Louisiana. He enjoyed a long and fulfilling client relationship with the Bass family. Through his work, Bill and Nancy met many of their closest friends—Robert and Mary Ann Cotham, Greg and Pam Kent, Don and Joanie McNamara, Martin and Judy Bowen, Dick Gushman, Sid Bass, and Clive Bode. They formed enduring bonds through spirited dinner parties, travel, epic road trips, and their Dull Person's New Year's Eve celebrations.

Bill gave generously of his time and resources to many non-profit organizations. A patron of the arts, he devoted decades of service to the Fort Worth Symphony Orchestra and the Modern Art Museum of Fort Worth. He also served on the board of Fort Worth Country Day.

During retirement, Bill enjoyed playing cribbage with the Arlington Heights Cribbage Club and lunches out with his regular group. His Saturday cribbage group played weekly until just before his passing.

Bill faced his stage IV lung cancer diagnosis with courage and dignity. Thanks to excellent care and medical innovations from MD Anderson, he was able to enjoy his final years without compromising his quality of life. Bill and his family were very grateful for this time together.

Bill is survived by his wife, Nancy Law Hallman; daughter, Lee Hallman; son, Will Hallman; daughter, Mary Hallman Smith and husband Dwayne; grandchildren, Austin, Emily and Henry Smith; brother, Jim Hallman and wife Kathy; and sister, Ruth Hallman Scogin and husband Robert; sister-in-law Ann Harwood Niemiec; and many nieces, nephews, and extended family. g

Published in Star-Telegram from Dec. 4 to Dec. 6, 2020.

1970-2020

Nathan Butler Schattman left this earthly life on December 28, 2020.

Even before he was born, Nathan B. Schattman was in the courtroom. During his mother’s pregnancy, Mary Ellen Schattman was fired from her job for simply

Nathan B. Schattman

being pregnant. He was part of the Schattman in Schattman v Texas Employment Commission case. His parents sued for the right to work while pregnant. The case was handled by a new ACLU lawyer named Ruth Bader Ginsburg. They were denied cert at the Supreme Court, but that case led to the law being changed and now being pregnant is no longer an immediate firing offense.

Nathan was the oldest of three and although he hopped around from Austin to Houston as a toddler, by the time he was 2 years old, he knew he was a Fort Worth boy. Following in his father, Mike’s, footsteps, he graduated from Nolan High School in 1987, Georgetown University in 1991, and University of Texas Law School in 1994. Nathan was sworn into the Texas Bar by Judge Schattman, while his proud grandfather looked on, happy that a Schattman practicing law in Texas, a legacy begun in 1945 would continue.

After graduating from law school, Nathan was selected by John Hill, then Chief Justice of the Second Court of Appeals in Fort Worth, to serve as his briefing attorney from August 1994 through August 1995. Each attorney serves at the pleasure of the justice, so when Justice Hill, a Democrat, lost to Republican John Cayce in November 1994, Nathan was concerned the new chief justice would select his own briefing attorney. To his surprise, Nathan was asked to stay on for the remainder of his year and, not surprisingly, led the seven briefing attorneys through many themed parties and a group picture in Old West garb gifted to the court in appreciation.

Despite being steeped in Fort Worth history and culture, he had to be taught—painstakingly—to two-step so that he was prepared for the Clinton Inauguration “Black Tie and Boots” Ball. Nathan will be fondly remembered as a better lawyer and friend than dancer.

Nathan was recognized in 2005, 2006, 2008, 2012, and 2014 as a Top Attorney by Fort Worth, Texas Magazine. In 2007, he was named a Rising Star by Thomson Reuters in Texas Monthly magazine for his success in representing both employees and employers in labor and employment matters. This year, he was selected as a Fellow in the Texas Bar Foundation. In his final years, Nathan practiced law at Brown, Proctor & Howell, LLP specializing in corporate litigation, labor and employment matters, and civil commercial matters representing the Union Pacific Railroad, insurance companies and financial institutions.

Nathan traveled frequently to Portugal and Brazil and truly adopted the culture, bringing much of it home with him to Texas. He loved his family with a ferocity that was palpable and shared by the many friends he treated as family. From letting Rita borrow his Mustang for her high school reunion, to flying internationally right after 9/11 so he could give Virginia away at her wedding in England (he got a receipt). He brought donuts to his niece Eliza and nephew Bret all the time and purchased tickets to HAMILTON on Broadway for niece Rachel. He played the drums with his niece Amy and was always available for anything his parents needed. And even though he still had an AOL email address, he accepted the good-natured ribbing from his cousins, the only people to challenge his superiority in social oratory. Anyone who knew Nate, knew he was always there for everyone that needed him; his love knew no boundaries.

Nathan turned 50 this year. The milestone was to be celebrated with Virginia and Rita in a summer driving trip through ancestral stomping grounds in Nova Scotia and upstate New York. And even though it was technically HIS birthday, he was game to visit Prince Edward Island so his sisters could see the home of Anne of Green Gables. Covid-19 scuttled the trip, but there were plans to reschedule in 2021.

Nathan suffered from Conn’s syndrome, a rare metabolic disorder that causes an imbalance in the salt and potassium levels in the blood, frequently leading to dangerous high blood pressure. This chronic disorder and 20 pills daily reminded him of the importance of health insurance for pre-existing conditions.

Nathan, Nate to his friends, will be remembered for his love of Georgetown and the Hoyas, UT and the Longhorns, Politics (a lifetime Democrat and unapologetic Friend of Bill (FOB), science fiction, storytelling, golf, basketball, gaming, Portuguese, Ireland and Irish whiskey, especially Connemara and Teeling (attributed to his extended family), and You and Yours (if you were lucky enough to know him).

Nathan is survived by his parents Judge Michael D. Schattman and Mary Ellen Brannigan Schattman and siblings Virginia Thornton and husband Guy Thornton, and Rita Rubins and husband Dan Rubins. His nieces and nephew –Rachel and Amy Rubins and Bret and Eliza Thornton – will be his legacy. He knew they can change the world. He will also be survived by all of the people he helped through his decision to be an organ donor. g

Published on Thompson Harveson and Cole Funeral website.