Tarrant County Bar Association Bar Bulletin (January/February 2023)

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OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION

JANUARY/FEBRUARY 2023 | VOLUME 23 | NO. 1

HANK PAUP CHRISTINA ANDREWS JAMES BENNETT THOMAS BRANDON JR. ART BRENDER DON BUCKMAN JOHN ALLEN CHALK SR. MARVIN CHAMPLIN KAY FULGHAM BRUCE MCGEE GARY MOATES DONALD GANDY DANNY PITZER MICHAEL REMME RICHARD SCHWARTZ CHRISTIAN JENKINS BILL MARPLE
Steve Laird is one of the Top 100 Lawyers in Texas* *Texas Super Lawyers, Top 100 (2005-2013, 2015-2022) - Thomson Reuters 817.531.3000 1119 Pennsylvania Avenue, Fort Worth, TX 76104 www.texlawyers.com Steve Laird Board Certified Lawyers handling Personal Injury | Wrongful Death | 18-Wheeler Cases Excited and Proud to Announce the New Name of the Firm: Seth McCloskey has successfully tried more than 200 cases to verdict. Seth McCloskey Texas Super Lawyers, 2019-2020 Rising Star Thomson Reuters

PRESIDENT'S PAGE

KAREN DENNEY 2022–2023 TCBA President

Happy New Year! I hope that you all had wonderful holidays and were able to take time away from work to spend with family and friends. Time away and the start of a new calendar year also traditionally cause people to reflect on the past year and how they want the next year to be different, especially when the year ended with the news of a highly-respected lawyer and judge, Honorable Judge John H. McBryde, passing.

Judge McBryde swore me in to practice before the U.S. District Court, Northern District of Texas, approximately 20 years ago and was the first Judge from whom I recall receiving a full summary dismissal for my client based on a motion I had completely penned as a young associate. Judge McBryde operated his courtroom in a manner that engendered respect for judicial proceedings, stayed true to applying the law, worked hard and was efficient in his rulings and the proceedings before him, and was fair. His presence on the bench of the Fort Worth Division of the United States District Court for the Northern District of Texas will be missed.

One of the things that I thought about when I heard that Judge McBryde had passed at the age of 91 was how I want the next 20 or more years of my legal career and life to look and how 2022 went. One thing I determined was that I need to take better care of myself to have a shot of making it to my 90s like Judge McBryde.

While I am the worst at this and am giving advice that I have problems following, I encourage you all to take time this year to care for yourselves. We put our clients first and regularly end up cancelling or delaying appointments with doctors or dentists, telling ourselves that we will get around to that appointment after a particular round of depositions or a trial is over. We get up early to get some exercise, start thinking about all the things that need to be done that day for clients and the nonprofit boards on which we serve, and end up going straight to work to start on the long to-do list without exercising. We get home late from work to have supper with the family, do dishes, help with the portions of the homework we understand and go to bed thinking about the things that we need to get done the following day. We have not done one thing that day to care for ourselves.

I encourage you this year to put your physical and

mental health into your priorities and take time to better care for yourself. As lawyers, we are servants. We serve our clients, our communities, our families and friends and, for some of us, also within our places of worship. However, we cannot continue to serve others, using our utmost skills given to us, without taking care of ourselves. Make and keep the doctor and dentist appointments you have been delaying scheduling. Consider picking up the slightly-healthier, but still tasty, meal on the way home, as opposed to the greaseladen fast food. Schedule in the time for yourself to go on a long walk with your dog. Even if during the walk you are still thinking about the questions you will be asking at the deposition the following day, the walk is caring for yourself, and your dog will appreciate it.

While we are starting a new calendar year and are thinking about how to do things differently this year, the TCBA is actually mid-year, as it operates on a July to June year. The first half of the TCBA bar-year and my term as President has flown by, but the TCBA has a lot planned for the second half of this bar-year. I hope to see you all, ready for 2023 but taking time to better care for yourself, at a TCBA event soon. g

Mentor Monday Seminar

Tarrant County Bar Association

Monday, March 6, 2023

TCBA Membership Happy Hour

Maple Branch Craft Brewery

Thursday, March 23, 2023

Bench Bar Conference XXVIII

Horseshoe Bay Resort

Friday, April 14, 2023–Sunday, April 16, 2023

Law Day Awards Luncheon

Hilton Fort Worth

Tuesday, May 2, 2023

JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 1

Tarrant County Bar Association

817.338.4092 ▪ Fax 817.335.9238

website: www.tarrantbar.org

email: tcba@tarrantbar.org

2022–2023 Officers

President.........................................Karen Denney

President-Elect.........................................Lu Pham

Vice President...................................Scott Lindsey

Secretary-Treasurer.................Marvina Robinson

Director.........................................John Brookman

Director..................................................Cheryl Leb

Director.......................................Michael McBride

Director..............................................Bryan Bruner

Director..........................................Lyndsay Newell

Director...........................................Angel Williams

2022–2023 Appointed Directors

Appointed Director............................Christy Jack Appointed Director...........................Aleed Rivera

Term Ends 2022 Term Ends 2023 Tarrant County Young Lawyers Association

Fall 2022 President.....................Aulstin Gardiner

Fall 2023 President....................Elizabeth Haslam

Immediate Past President..........Kimberly Naylor

Executive Director.............................Kayla Dailey

Members State Bar of Texas

Director..................................................Jeff Cochran

Bulletin

Graphics/Production...................Elizabeth Banda

The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org

1315 Calhoun Street ▪ Fort Worth, TX 76102-6504

Deadline for submission:

December 1........................................January/February

February 1...................................................March/April

April 1...............................................................May/June

June 1.............................................................July/August

August 1..........................................September/October

October 1.....................................November/December

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. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

Features
16th Annual People’s Law School
Bench Bar Conference XXVIII: Survivor
Tarrant County
Year Attorneys
Accepting Nominations for 2023 Law Day Professionalism Award Contents Departments 1 President’s Page 3 YLA Snapshot 4 100 Club 10 Tarrant County Volunteer Attorney Services 12 Snippets 19 CLE Corner 20 LegalLine 22 Membership Report 22 A Word From Our Sections 23 Texas Lawyers for Texas Veterans
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8
14
Bar Association’s 50
22
Directors
Bar
Ex-Officio

YLA SNAPSHOT

AULSTIN GARDINER 2022–2023 TCYLA President

For better or for worse, it almost seems that the pandemic is a distant memory with networking events, volunteering, in-person court hearings and trials, and CLEs that don’t occur over a computer screen. The TCYLA is certainly in that boat with our fabulous CLEs hosted at Reata organized by Joseph Austin, continued happy hours and events, and even a successful Holiday Party.

Spencer Mainka organized for the second time a Pinecone Craft Table for the Boys & Girls Clubs of Greater Tarrant County at their annual We Care event. At this event, a group of young lawyer volunteers and board members helped kids make Christmas Trees and Reindeer ornaments. We also wrapped up another successful season of our softball team (yes, we have a softball team!). This team is organized by the team captain, John Easter, who has done a tremendous job—so much so that we have a waiting list to join the team and looking into starting a second team due to the overwhelming response and desire to play. This is a great way for young lawyers to connect, network, and build camaraderie outside the office setting—all while getting in a little physical activity.

Special thank you to Padfield & Stout, LLP for sponsoring our softball team for the Fall. Speaking of physical activity, the Tarrant County Young Lawyer’s Association is in the process of planning its first ever Pickle Ball Tournament. Stay tuned for more details.

In the meanwhile, I would like to wish everyone a Happy New Year on behalf of the Tarrant County Young Lawyer Association. g

As a former practicing attorney, Kate understands the overwhelming feelings of stress, burnout, and isolation that often accompany the art of balancing life with the practice of law. Kate will help you evaluate your choices, identify areas for change, and implement a plan which will allow you to become the best version of yourself.

Contact me. Together we will chart the course for your success. 817.881.1914 • Kate@AutumnRidgeLPC.com AutumnRidgeLPC.com | 270 Miron Dr. #112, Southlake, TX 76092 The Attorney’s Therapist
JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 3
Kate Casey, LPC, JD

Members of the 2022-2023 100 Club

*List Reflected Below is as of February 20, 2023

Adams, Lynch & Loftin, P.C

Albert Neely & Kuhlmann LLP

Anderson & Cummings, LLP

Baker Monroe, PLLC

Barlow Garsek & Simon, LLP

Blaies & Hightower, LLP

Bonds Ellis Eppich Schafer Jones, LLP

Bourland, Wall & Wenzel, P.C.

Brackett & Ellis, P.C.

Brown, Proctor & Howell, LLP

Curnutt & Hafer, LLP

Decker Jones, P.C.

Dismuke & Waters, P.C.

Forshey & Prostok, LLP

Freeman Mills P.C.

Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck, P.C.

Haynes and Boone, LLP

K & L Gates LLP

Kelly Hart & Hallman LLP

Linebarger Goggan Blair & Sampson, LLP

McDonald Sanders, P.C.

Murphy Mahon Keffler & Farrier, LLP

Naman Howell Smith & Lee, PLLC

Nelson Bumgardner Conroy, P.C.

Noteboom Law Firm

Padfield & Stout, LLP

Pham Harrison, LLP

Phelps Dunbar, LLP

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

Robbins Travis, PLLC

Ross & Matthews P.C.

Second Court Of Appeals

Phil Sorrells, Criminal District Attorney's Office

Taylor, Olson, Adkins, Sralla & Elam, LLP

The Blum Firm, P.C.

The Colaneri Firm, P.C.

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 PC

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 2022–2023 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.

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16th

Annual

Saturday, March 11, 2023 | 12:45 - 4:00 p.m.

Texas A&M School of Law | 1515 Commerce Street

Fort Worth, TX 76102

(located downtown across from the Water Gardens)

The People’s Law School is an opportunity to learn the basics of common legal issues.

PEOPLE’S LAW SCHOOL

The Tarrant County Bar Association and the Tarrant County Bar Foundation is proud to announce that People’s Law School will be returning this year for its 16th Annual event. This event offers the public a free opportunity to learn about various areas of the law through

short seminars. Participants can attend three sessions where they will be taught by local attorneys, judges, and other professionals. If you have questions about volunteering or would like to hear more about sponsorship opportunities for People’s Law School please contact sarah@tarrantbar.org. g

Presented by Tarrant County Bar Foundation in cooperation with Tarrant County Bar Association and Texas A&M University School of Law
Interested in being a People’s Law School Sponsor? Email sarah@tarrantbar.org. VOLUNTEER FOR PEOPLE’S LAW SCHOOL Volunteers are needed from approximately 11:15 - 5:00 p.m. Register at www.tarrantbar.org/PLS-volunteer.
JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 7
Sponsorship Opportunities Available

Tarrant County Volunteer Attorney Services

TVAS partnered with The Gatehouse to provide a free wills clinic to their residents. Kelly Hart sponsored the clinic and provided all of the attorneys to draft the paperwork. Through this clinic TVAS was able to help ten clients successfully draft and execute their wills. g

THANK YOU TO THOSE WHO VOLUNTEERED FOR THE GATEHOUSE WILLS CLINIC

Whitney Beckworth

Lanie Bennett

Jacob Birnbaum

Jacob deKeratry

Austin Franklin

Kat Hopkins

Ann Lopez

Jenna Lusk

Mason Smith

Elizabeth Thomas

Mallory Williams

THANK YOU TO ALL OF OUR 2022 TVAS VOLUNTEER PARALEGALS

Summer Chappell

Kelly Cobb

Jack Cutshall

Kellie Daniels

Susan Davis

Doris Jackson

Susy Johnson

Monty Mays

Andrea Saitis

Julie Sherman

Kenya White

THANK YOU TO ALL OF OUR 2022 TVAS VOLUNTEER ATTORNEYS

Sue Allen

Heidi Angel

Joseph Austin

Whitney Beckworth

Lanie Bennett

Jacob Birnbaum

Teddy Boschini

Robert Boudreau

Chloe Chartier

John Corbin

Gregory Cox

Jacob deKeratry

Bobbie Edmonds

Jonathan Fox

Austin Franklin

Wendy Hart

Katherine Hopkins

MaryAnn Cavallin Jones

Lisa Jones

Katherine Kim

Ann Lopez

Cynthia Maragoudakis

Jenna Lusk

Ali Mosser

Drew Neal

Drew Neill

Chandni Patel

Nirav Patel

John Phair

Kylie Rahl

Victoria Rhodes

Joshua Ross

Karon Rowden

Mason Smith

Joakim Soederbaum

Lori Spearman

Elizabeth Thomas

Philip Vickers

Faye Watson

Tom Watson

Jeff Whitfield

Mallory Williams

Dana Zachry

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JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 11

Civil and Criminal

ASK JUDGE BOB

Judge Bob, what is the Lisa Torry Smith Act?

In response to a grand jury’s decision to no bill a driver who killed one pedestrian and seriously injured another, Section 544.007 of the Transportation Code was amended and Section 545.428 was added, which redefines drivers’ responsibility with regard to a pedestrian crosswalk and defines criminal negligence with regard to the Act.

See article on page 840 of the November Texas Bar Journal for more detail.

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 was going to give him a nasty look, but he already had one.

DANES’ QUOTE OF THE MONTH

I needed a companion on whom to lavish my overflowing, if at times destructible, affection. I needed a dog.

CRIMINAL ITEMS OF INTEREST

1.Jury Trial Waiver

A defendant has an “absolute” right to a jury trial; and, though it may be waived, consistent with the federal constitution, the record must show that his waiver was express, knowing, and intelligent. Moreover, by statute, a waiver must also “be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the state.”Sanchez v. State, 630 S.W.3d 88 (Tex.Crim.App. 2021).

2. Plea Bargains

Only the state may offer or withdraw a plea bargain. Because a plea-bargain agreement is solely between the state and the defendant, only the state and the defendant may alter the terms of the agreement; the trial court commits error if it unilaterally adds un-negotiated terms to a plea-bargain agreement.

Salazar v. State, 630 S.W.3d 151 (Tex.App.-Eastland 2020).

3. Miranda

Miranda imposes an obligation on the police, prior to a custodial interrogation, to apprise the suspect of (1) the State’s intention to use and statements to secure a conviction, (2) the right to remain silent, and (3) the right to counsel, either retained or appointed. If the warnings are not given in a timely manner prior to custodial interrogation, any statements given to law enforcement in response to such interrogation are inadmissible at trial.

Funes v. State, 630 S.W.3d 175 (Tex.App.—El Paso 2020).

4. Self Defense

“The rule of law is that if the defendant provoked another to make an attack on him, so that the defendant would have a pretext for killing the other under the guise of self-defense, the defendant forfeits his right of self-defense.”

Engel v. State, 611 S.W.3d 192 (Tex.App.—Eastland 2020).

5. Evidence

Evidence does not need to directly prove a defendant’s guilt; direct and circumstantial evidence are both probative of guilt. Denny v. State, 630 S.W.3d 253 (Tex.App.—Eastland 2020).

6. Photographs

When evaluating the admissibility of a photograph that is allegedly unfairly prejudicial, courts consider the number of photographs offered; the gruesomeness, detail, and size of the photograph; whether the image is in color or black and white; whether the body is naked or clothed; and whether the body has been altered since the crime.

Garcia v. State, 630 S.W.3d 264 (Tex.App.—Eastland 2020).

7. Prior Consistent Statements

There are four requirements that must be met for prior consistent statements to be admissible: (1) the declarant must testify at trial and be subject to cross-examination; (2) there must be an express or implied charge of recent fabrication or improper influence or motive of the declarant’s testimony by the opponent; (3) the proponent must offer a prior statement that is consistent with the declarant’s challenged in-court testimony; and (4) the prior consistent statement must be made prior to the time that the supposed motive to falsify arose.

Gutierrez v. State, 630 S.W.3d 270 (Tex.App.—Eastland 2020).

Co-Editor Noah
Snippets 12 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023
Moses

CIVIL ITEMS OF INTEREST

1. Ah, To Be An Appellate Justice

We recognize that time is the great luxury of appellate judges—a luxury denied trial judges, who must frequently rule, quickly and decisively, without a thorough review of the organizational structure of the rules and pertinent case law. Castellanos v Littlejohn, 945 S.W. 2d 236, 241 (Tex.App.— San Antonio 1997).

2. Inverse Condemnation

To establish an inverse condemnation claim, a plaintiff must show that the government intended to or was substantially certain that its actions would take or damage the property for public use; otherwise, the doctrine of governmental immunity bars the claim.

City of Baytown v. Schrock, 645 S.W.3d 174, 178 (Tex. 2022).

3. Regulatory Takings Claim

A regulatory takings claim is one in which “the plaintiff complains that the government through regulation so burdened his property as to deny him its economic value or unreasonably interfere with its use and enjoyment.”

City of Baytown v. Schrock, 645 S.W.3d 174, 179 (Tex. 2022).

4. Illusory Promise

“A promise is illusory if it does not bind the promisor, such as when the promisor retains the option to discontinue performance.”

Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S. W.3d 844, 849 (Tex. 2009).

5. Ambiguity

If there is “more than one reasonable interpretation” of the contractual language, then a fact issue arises regarding the parties’ intent. Parties’ conflicting interpretations cannot alone create an ambiguity. Even if parties agree that a contract is unambiguous and argue that the unambiguous language merely creates different results, we may independently conclude that the contract is ambiguous as a matter of law.

Rosetta Resources Operation, LP v. Martin, 645 S.W.3d 212, 219 (Tex. 2022).

6. Procuring-Cause Doctrine

The function of the procuring-cause doctrine is to credit a broker (or salesman, or other agent) for a commissiongenerating sale when “a purchaser [was] produced through [the broker’s] efforts, ready, able, and willing to buy the property upon the contract terms …” Under this doctrine, the broker’s entitlement to a commission vests on his having procured the sale, not on his actual involvement in a sale’s execution or continued employment through the final consummation of the sale.

Perthuis v. Baylor Miraca Genetics Labs, 645 S.W.3d 228, 234 (Tex. 2022).

7. Stare Decisis

If one appellate panel decides a case, and another panel of the same court differently resolves a materially indistinguishable question in contravention of a holding in the prior decision, the second panel has violated the foundational rule of stare decisis.

Note: You can learn the difference between vertical and horizontal stare decisis by reading this opinion.

Mitschke v. Borromeo, 645 S.W.3d 251, 257 (Tex. 2022).

LEGAL QUOTE OF THE MONTH

And I charged your judges at that time: Hear the disputes between your brothers and judge fairly, whether the case is between brother Israelites or between one of them and an alien.

—Deuteronomy 1:21

QUOTE OF THE MONTH

“History does not repeat itself, but it often rhymes.”

—Mark Twain

TRADITIONAL IRISH LAW – BEFORE POOPER SCOOPERS

If a tribesman wounds a bishop, and the bishop’s blood reaches the ground, the culprit shall hang for it.

OLD NEWS

Garros Flied Over Fort Worth

The first airplanes that most Fort Worth residents had ever seen arrived by train for flying demonstrations by three French pilots and one Swiss. One of the Frenchmen, Roland Garros, became an aerial ace for France during World War I. The demonstrations were planned for a large, flat, empty field on January 12 – 13, 1911, about where Montgomery Plaza stands today.

The wind was dangerously high the first day, but Garros didn’t want to disappoint the crowd. He took off despite a headwind of 20 mph and flew 2,100 feet above the largest crowd ever to gather in Fort Worth. g

JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 13

“What has been a lesson you have learned in your 50 years of practicing law?”

“In my practice, I have two strong foundations for my practice: i) I still practice law the old-fashioned way - a person's word is their bond, and a handshake is a contract; and ii) anything worth doing is worth doing right - the first time!”

Hank Paup Chair and 2023 Honoree

“There have been many important lessons learned in my 50 years of practicing law, but certainly two of the most important were—in the great tradition of lawyers practicing law in Tarrant County honor your commitments and agreements, even if only verbal; and know when to stop talking in a hearing when the judge is going your way!”

—James Bennett, 2023 Honoree

“As a trial lawyer, who has tried cases throughout Texas and in the federal courts throughout the United States, from justice courts to the Supreme Court, I can think the simple most important lesson I have learned is that of humility.”

—Art Brender 2023 Honoree

“Lawyering is always learning. ”

—John Allen Chalk Sr. 2023 Honoree

“Practicing law 50 years with a corporation I learned:

1. Never believe the first explanation of the matter or issue.

2. Ask lots of questions.

3. Seek the truth.

4. Do your homework.

5. Usually the full story or matter becomes evident!”

Christina Andrews 2023 Honoree

“Treating opposing counsel with collegiality is necessary to successfully pursue justice for your clients.”

Thomas Brandon Jr. 2023 Honoree

“Real legal education begins at law school graduation. Fledgling attorneys gradually mature throughout their career while learning and practicing the essentials that earn respect, reputation, and success in our ancient and honorable profession.”

—Don Buckman 2023 Honoree

Marvin Champlin 2023 Honoree

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“That one person can make a difference.”

Kay Fulgham 2023 Honoree

“Two of my legal assistants have been with me for over twenty years. The longevity and success of my firm are in no small part due to their work.”

Christian Jenkins 2023 Honoree

Bruce McGee 2023 Honoree

“Keep your word. Your handshake should be as good as a 50-page contract.”

Donald Gandy 2023 Honoree

“When it comes to training horses, playing golf, and writing legal briefs: Keep it simple, stick to the basics, and less is more.”

—Bill Marple 2023 Honoree

“In 50 years of law practice, I hope that I have moved from arrogance and pride to humility and gratitude (most of the time). Einstein once said, “The more I learn, the more I realize how much I don't know.” I’m grateful to have learned so much from my lawyer mentors, the late Warren Shipman, Bob Decker and John McMackin, just to name a few, and from my Decker Jones partners and associates, but there is always more to learn.”

—Gary Moates, 2023 Honoree

Danny Pitzer 2023 Honoree

“In this age of instant technology, one still needs to take time to reflect.”

Richard Schwartz 2023 Honoree

“What is most gratifying is that in 50 years of law practice, mostly as a sole practitioner, few, if any, left my office feeling that my services were not affordable. Next is the fact that those who did retain me brought sufficient new clients so as to make advertising virtually unnecessary; so I must have been doing something right. Having soldiered through almost every area of the law, arguing, learning, teaching, and making numerous friends along the way, (even among my learned adversaries) I am now, instead of retiring, looking forward to more of the same. I regret only that I have not done more for the profession which has done so much for me. Maybe there is still time and health for that. My thanks to the Tarrant County Bar Association for this honorific.”

Michael Remme, 2023 Honoree

JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 15

Ronald D. Addison

Christina Andrews

Patrick A. Barbolla

James G. Bennett

Tom S. Brandon

Art Brender

Don K. Buckman

Donald R. Campbell Jr.

John A. Chalk Sr.

A. Marvin Champlin

Ike V. Eyke

M. Kay Fulgham

Donald Gandy

Jay S. Garrett

W. Christian Jenkins

Jay S. Garrett

William E. “Bill” Marple

Bruce W. McGee

Gary M. Moates

Frank M. Newman

Henry B. Paup

David F. Pickering

Danny D. Pitzer

Michael J. Remme

Richard L. “Rocky” Schwartz

Lee C. Schwemer

a special thank You to keYnote speaker

Dean robert ahDieh (texas a&M universitY school of law).

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JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 17

Substantive Law Article

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. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event. The Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association.
or articles to elizabeth@tarrantbar.org.
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OFFICIAL PUBLICATION OF THE TARRANT COUNTY BAR ASSOCIATION Bulletin
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for Submit a

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: What’s New in Early Review Interlocutory and Permissive Appeals & Mandamus

Speaker: Lisa Hobbs, Chair-Elect, State Bar of Texas Appellate Section

CLE: 1 hour ($10 for TCBA Members)

Construction Law Section

Topic: Construction Factoring for the General Contractor

Speakers: Christopher Brown, Duane Morris LLP

John Polzer, Duane Morris LLP

CLE: .75 hour ($15 for TCBA Members, $20 for Non-Members)

Energy Law Section

Topic: Allocating Post-Production Expenses between Lessors & Lessees

Speaker: Graham K. Simms, Freeman Mills PC

CLE: 1 hour (FREE for TCBA Members)

Fort Worth Business & Estate Section

Topic: A View From The Trust Department - Common

Drafting Mistakes & Practical Solutions

Speaker: Gary Post, Sr. Vice President, Wealth Strategies

Advisor - Bank of America

CLE: 1 hour (FREE for Section Members, $30 for Non-Members)

Missed a recent Brown Bag Seminar?

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

Topic: Appellate Law | CLE: 3.50 hours

Topic: Education Law | CLE: 3.25 hours

Moderator: Kathryn Hogan, Disability Rights Texas

Topic: Real Estate and Construction | CLE: 3.50 hours

Moderator: Angela Miller-Leathers, Leathers & Associates

Topic: Ethics | CLE: 3.25 hours

Moderator: Lyndsay Newell, Cantey Hanger LLP

For first-timers, TCBA is offering 50% off an LRIS membership for the 2022–2023 bar year.

LRIS receives thousands of calls and emails a year from people in the community seeking to hire an attorney, and is a great way to connect you with the public.

Please note that additional requirements apply to the following practice areas.

This Service is certified as a lawyer referral service as required by the State of Texas under Chapter 952, Occupations Code.
CLE CORNER
LRIS
expires
31, 2023. WANT TO EXPAND YOUR CLIENT BASE? Join TCBA’s Lawyer Referral & Information Service (LRIS) ➢ Bankruptcy Law ➢ Criminal Law ➢ Family Law ➢ Labor & Employment ➢ Malpractice ➢ Personal Injury ➢ Probate/Guardianship JOIN A SECTION OR COMMITTEE TODAY! To Join a Section: Login to your MyTCBA portal and update your subscription.
Join a Committee, visit:
JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 19
The
application and more information can be found at www.tarrantbar.org/LRISdocuments. Offer
March
To
www.tarrantbar.org/CommitteeVolunteerForm

LegalLine

Do you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise? LegalLine needs attorneys in all areas of law. Thank you to all of the attorneys who have volunteered for LegalLine in the last year. If you want to know more about volunteering, email sarah@tarrantbar.org. g

In 2022 LEGALLINE

THANK YOU TO OUR 2022 LEGALLINE VOLUNTEERS

Sue Allen

John Barnes

Norma Bazan

Bryce King

Merrit Klapperich

Deborah Krane

Nick Bettinger

Julie Camacho

30

had Over More than

320 1300

different attorneys volunteered hours were volunteered by attorneys

calls made and questions answered

Upcoming Remote LegalLine Dates

Ola Campbell

Andrea Casanova

John Corbin

Rashelle Fetty

Jonathan Fox

Joshua Graham

Linda Gregory

Jim Gordon

Wendy Hart

Dustin G. Hoffman

Eric Labovitz

Cynthia Maragoudakis

Michael McBride

Colin McLaughlin

Gary Medlin

Margarita Morton

C.D. Peebles

David Pritchard

Hannah Recker

Lynn Rodriguez

Karon Rowden

Melissa Sircar

March 9, 2023 March 23, 2023 April 13, 2023 April 27, 2023 20 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023

A dvertise

in TCBA’s Bar Bulletin

The Tarrant County Bar Association’s award winning* Bar Bulletin is a multi-faceted journal that is published six times a year for the TCBA’s members. It includes substantive articles, as well as information about membership events and activities. The Bar Bulletin is distributed digitally and by hard copy to the TCBA’s membership. Each issue reaches an average of 2400 readers through email and social media. It is available online on the TCBA’s website.

BEST OVERALL NEWSLETTER

Advertising rates vary, depending on the size and frequency. Rates are available by contacting Elizabeth Banda, Communications Director at elizabeth@tarrantbar.org.

*TCBA’s Bar Bulletin received the 2018, 2019, and 2022 Division III “Stars of Texas Bars Award for Best Overall Newsletter” from the State Bar of Texas.

JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 21

Welcome

New Members of the TCBA:

ATTORNEYS

Rachel Barr

Jason Brown

Joshua Burchfield

Karla Byrd

Melissa Clark

Todd Dolginoff

Kassidy Durfee

Stephanie Fitz

Chrys Jones

Shane Langston

Austin Laws

Regan Lyden

Angelia Megahan

Courtney Miller

Heidi Mims

Miles Moody IV

Marvin Morris

Page Patrick

Margaret Pfeiffer

Craig Price

Alissa Rash

Chris Rodriguez

Ankit Saggi

Rose Anna Salinas

Donna Schardt

Marina Thomas

Sara Vargas

Morgan Vega

Baylee Walters

Daniel Webb

ASSOCIATES

Carlos Agosti

Kathryn Brown

Adam Grech

Joe Clawson

Ann Taylor

PARALEGAL

Taylor Thorns

STUDENTS

Ali Assi

Frank Brown

Cassidy Terrazas

MEMBERSHIP

REPORT

Lynsey Williams

The TCBA started 2023 with its 50% off membership promotion for all new and lapsed members through the end of March. Help spread the word to all of your non-member friends and colleagues! You can also start 2023 with a new client base by signing up for the Lawyer Referral Service and receive the same 50% off discount. For questions about joining the LRIS, please contact carolina@tarrantbar.org.

For more information on upcoming events, visit the TCBA website at www.tarrantbar.org/events.

IN NEED OF CLE?

The TCBA can help! If you haven’t already, check out TCBA’s CLE On-Demand catalogue at www.tarrantbar.org/CLEonDemand. As always, thank you for your support of the TCBA and we look forward to seeing you at the next event! g

Accepting Nominations for 2023 Law Day Professionalism Award

The Law Day Professionalism Award Selection Committee is accepting nominations for the Law Day Professionalism Award. Anyone in the legal community, attorney or non-attorney, may nominate a TCBA member who best exemplifies, by conduct and character, professional traits that others in the bar should try to emulate.

Nominations

Deadline:

March 24, 2023 by 5 p.m.

Download nomination form at www.tarrantbar.org/2023NominationForm

. . AND NOW A WORD FROM OUR SECTIONS

Iwould like to thank all of you for your participation in your sections and for the hard work done by everyone to make this past year a rewarding one. As the calendar flips a page, we will begin to see more exciting courses coming your way. Be sure to check out your

sections E-Community page to keep up to date with the latest CLE announcements. As well, if you have any topics that you would like to see presented or have a speaker in mind feel free to reach out at tracy@tarrantbar.org. g

22 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023
.

TEXAS LAWYERS FOR TEXAS VETERANS TARRANT COUNTY CHAPTER

TLTV could not have had the year it had without the hard work of all of our volunteers. Help TLTV have another outstanding year in 2023 by volunteering at one of our in-person clinics! Whatever your practice area is, low-income veterans can use your help. Interested in volunteering? Email sarah@tarrantbar.org.

THANK YOU TO THOSE WHO VOLUNTEERED FOR TLTV IN 2022

Kee Ables

Brittany Allen-Brantley

Wade Barrow

Sam Birnbach

Robert Blankenship

Robert Boudreau

Bob Brown

Ola Campbell

Marvin Champlin

John Corbin

Jonathan Fox

James Greer

Wendy Hart

Greg Jackson

Sam Johndroe

John Johnson

Randall Johnson

Jill Johnston

Katherine Kim

Cynthia Maragoudakis

Taylor Matthews

Michael McBride

Victoria McDowell

Zoe Meigs

Jason Miller

Charles Mitchell

George Muckleroy

Arnetta Porter

David Pritchard

Martin Rechnitzer

Lynn Rodriguez

Kathy Roux

Karon Rowden

John Shaw

Victoria Sheedy

Melissa Sircar

Gene Sollow

Brandon Weaver

Friday, March 17, 2023

Friday, April 21, 2023 Friday, May 19, 2023

Looking for ways you can support TLTV but unable to volunteer?

194

3,600

Clinics are from 1 p.m.– 4 p.m. Veterans Affairs Outpatient Facility 2201 SE Loop 820, Fort Worth, TX 76119 Interested in volunteering? Email sarah@tarrantbar.org. UPCOMING CLINICS
the VA
at
received free legal counsel in 2022 and 1 in-person clinic in 2022
received assistance since TLTV
veterans
LAWYERS FOR TEXAS
COUNTY
have
began More than
veterans 11 remote clinics TEXAS
VETERANS TARRANT
CHAPTER By the Numbers
JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 23
CONSIDER SPONSORING A REMOTE OR IN-PERSON CLINIC! Contact sarah@tarrantbar.org for more details.

TCBA MEMBERS CAN ENJOY THESE BENEFITS

The Tarrant County Bar Association is comprised of over 2,400 members and offers the best way to connect with the legal community in Tarrant County.

GROW YOUR BUSINESS

TCBA members have the opportunity to expand their client base by joining the Lawyer Referral & Information Service, connect and engage with the Tarrant County legal community through our Transition to Practice mentor program, and receive discounted pricing when purchasing the TCBA Mailing Label list.

EXCLUSIVE MEMBER DISCOUNTS

As a member of TCBA, you can enjoy access to exclusive discounts and free professional services including FREE document shredding, FREE "Tech Tips" seminars hosted by Juris Fabrilis, discounted rate for the Lawyer Referral & Information Services (LRIS) membership, reduced pricing for TCBA Mailing Label list, and discounts on Fort Worth Zoo admission tickets and meeting space rentals at the TCBA office.

GET YOUR CLE WITH EASE

FREE and reduced rate CLE seminars are offered to TCBA members through the TCBA's 18 substantive law sections, Brown Bag CLE pass, and other TCBA events. In addition, TCBA offers many of its recorded CLE events online at a discounted rate exclusive to TCBA members.

GIVE BACK

There are many opportunities for community service at annual TCBA events like National Adoption Day, People's Law School, and the Blood Drive. The TCBA also provides pro bono volunteer opportunities at legal clinics through Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Verterns -Tarrant County Chapter (TLTV).

NETWORK

Members have numerous opportunities to grow their network by attending TCBA seminars, meetings, and exclusive networking events including Docket Calls, Women in the Law Luncheon, and the annual Bench Bar Conference.

24 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023
JANUARY/FEBRUARY 2023 ▪ TCBA BULLETIN 25

Member Benefits Vendor List

TCBA members may take advantage of discounts provided by the following vendors:

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 Document Solutions, provides quick, efficient and reliable process service, document scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership.

Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572.

Fort Worth Zoo discount tickets - $16.00 adult, $12 for child or senior. For tickets, contact tracy@tarrantbar.org or 817.338.4092.

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. Call 940.783.6580 for details.

Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g

Classified Advertising NOTICE

Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org

Bar Bulletin ▪ January/February 2023

Tarrant County Bar Association

1315 Calhoun Street

Fort Worth, TX 76102-6504

ADDRESS SERVICE REQUESTED

WORTH, TX

If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to tcba@tarrantbar.org.

PRESORTED STANDARD
S. POSTAGE PAID FORT
U.
PERMIT 1807
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