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
7
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
By Sarah Hoffman, Pro Bono Programs Director
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
By Sarah Hall Hoffman, Pro Bono Programs Director
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
Judge Carey Walker, County Criminal Court No. 2
Civil and Criminal
by Judge Bob McCoy g County Criminal Court No. 3
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.
—Alice Walker, “Crimes Against 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
14 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023
“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).
16 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023
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
18 www.tarrantbar.org ▪ JANUARY/FEBRUARY 2023
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
By Sarah Hall Hoffman, Pro Bono Programs Director
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
By Lauren St. Clair, Membership Director
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
By Tracy Card, Office Manager
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
By Sarah Hall Hoffman, Pro Bono Programs Director
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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