Bulletin July/August 2016
Robert G. West TCBA President 2016-2017
President’sPage WELCOME TO A NEW BAR YEAR July 1 is the beginning of the new Bar year at TCBA. This is my first President’s Page, and I will use it to introduce myself and to mention just a few of the plans for the 2016–2017 Bar year. I grew up in Wichita Falls, Texas, and was part of the first graduating by Robert G. West class of S.H. Rider High School, where I attended all four years of high school. I admit to being part of the academic nerd crowd in high school, and I competed in debate and speech events as a senior. Both my parents are now deceased, but I still have family in the Wichita Falls area. None of my relatives have ever been attorneys or judges, but the law appealed to me as a potential career from watching Perry Mason and The Defenders on television. Following high school, I attended Midwestern University, which was two blocks from my home. I was part of the “Honors Program” there, and I became active in debate and student government. I served as the elected President of Student Government during my junior year. I graduated from Midwestern in May 1969, and drove to Austin the next day, on Monday morning, to enroll in the University of Texas School of Law for the summer term, with classes beginning on Tuesday. My life as a law student included Tort classes from the always entertaining and quick-witted Dean Page Keeton, Oil & Gas Law, from renowned Professor Ernie Smith, Antitrust Law, from a then-young but brilliant attorney from Houston named Harry Reasoner, and several Procedure and Evidence classes from then Assistant Dean Frank Elliott, who later served as Dean of the law schools at Texas Tech and Texas Wesleyan. I served as Editor-in-Chief of the Texas International Law Journal during my third year, where I learned to edit with a red pen, a practice that I still follow but which my law firm associates and legal assistants often do not appreciate. During all three years of law school, I worked part-time in the State Capitol at the Texas Legislative Council, which is the research and bill-drafting agency for the Texas Legislature. It was an excellent part-time job for a law student! In my final semester of law school, a job offer opened a door for me to work in downtown Fort Worth, as the twelfth and youngest lawyer in the firm then known as McGown, Godfrey, Decker, McMackin, Shipman & McLane, which has
subsequently morphed by various name changes and a merger into what is now the “Decker Jones” firm, where I still have many good friends. I worked there for twenty-one years as a general practice attorney, as an associate, and later as a partner, mostly working under the fine mentoring of John McMackin, John McClane, and Bob Decker, with both transactional and litigation projects. I was a first chair attorney in both state and federal court in construction and real estate disputes, collections, and breach of contract cases in front of state civil district court judges Charlie Murray, Walter Jordan, Clyde Ashworth, Hal Lattimore, Jim Wright, Ardell Young, Joe Spurlock, and Albert White, federal judges Eldon Mahon and David Ballew, and bankruptcy judges John Flowers and Massie Tillman. It was also while working at the McGown Godfrey Decker firm that I met and became friends with a wonderful and extremely competent Professional Legal Secretary and Certified Legal Assistant named “Trisha,” who is now my “boss” as Executive Director of the TCBA. I look forward to working with her this Bar year. Many attorneys make a “lateral” move during their career, but in early 1993, I made a “vertical” move from the 24th ﬂoor of City Center Tower II to the 35th ﬂoor of the same building. I joined the firm then known as “Gandy, Michener,” which has evolved into what is now Whitaker Chalk Swindle & Schwartz PLLC, where I have sat in the same office and at the same desk for the past twenty-three years. I have been encouraged in my TCBA activities by my law partner and past TCBA President, John Allen Chalk. My current lawyering is mostly on real estate, oil & gas, and corporate transactions. My wife, Marsha, and I, our two grown and married daughters, and their husbands and children have found Fort Worth to be a wonderful place to live and grow a family and become active in the community. My wife and I are both graduates of Leadership Fort Worth. My wife served eight years as an elected member of the Fort Worth School Board in the 1990s. I served six years on the City Board of Adjustment and three years on the City Zoning Commission. I now frequently represent clients before those bodies and before the City Council of Fort Worth and other area municipalities. I am active as a member, committee member, elder, and former trustee of Ridglea Presbyterian Church on Camp Bowie, and in matters of Grace Presbytery as the regional governing council of the Presbyterian Church (U.S.A.) in north Central Texas. I became active in the Fort Worth-Tarrant County Young Lawyers Association as a rookie lawyer in 1972, continued on page 11
July/August 2016 ▪ TCBA BULLETIN 1
Tarrant County Bar Association
Features 3 CLE Membership Luncheon 6 Charity Golf Tournament 14 Advocates for Justice 27 LegalLine 28 Glimpse into the Past
Join the TCBA
Celebrating 20 Years with
Thursday, August 11, 2016 5:00pm - 7:00pm TCBA Bar Center 1315 Calhoun Street
Departments TLIExperience 1 President's Page 3 YLA Snapshot 4 2016-2017 Officers & Directors 7 100 Club 8 Judicial Profile 10 Here is Your TCBA Staff 12 Snippets www.tarrantbar.org 2016 15 Lawyer Referral and Information Service News ▪ July/August 16 Other Association's News & Information 17 Membership Report 17 Benefits of Membership & Vendor List 18 Tarrant County Volunteer Attorney Services 20 In Memoriam - Herschel Winn & Ira Goodrich 22 Texas Lawyers for Texas Veterans 23 CLE Corner 26 It's All Happening Around the Bar Because of our 36 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $41,550,000 to our policyholders. See why experience makes the difference.
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2 www.tarrantbar.org ▪ July/August 2016
817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: firstname.lastname@example.org
2016-2017 Officers President...............................Robert G. West President-Elect....................Nick Bettinger Vice President...........................Lance Evans Other Associations’ Secretary-Treasurer...................John Cayce
News & Information
Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Larry Gaydos. For location & information, email arlingtonbarassociation@ yahoo.com or call 214.651.5622.
Term Ends 2017
Tawana Gray Gary L. Medlin Jason C. N. Smith
Black Women Lawyers Association For meetings and information, contact Sue Allen, President, at 817.926.5005 or email@example.com. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu, or call 817.212.3800.
Term Ends 2018
Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or LBoyd@BELaw.com.
Cody L. Cofer Veronica C. Law Lu Pham
Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Crystal Gayden at 817.496.8408 or by email at firstname.lastname@example.org.
2016-2017 Appointed Directors Raul A. Canez Julie A. Sladek
MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks, 76114. For more information, contact President Eloy Sepulveda at 817.332.1285.
Tarrant County Young Lawyers Association President
Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Leslie Barrows at 817.481.1583 or email@example.com. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Randy Bowers at 817.348.8094 or LELERB@sbcglobal.net.
Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month at the Family Law Center Assembly Room on the 2nd floor. For more information, contact president Kevin Schmid, 817.377.3000 or firstname.lastname@example.org.
Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Tena Fox at 817.280.0811 or email@example.com.
Immediate Past President David E. Keltner
Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact John S. Jose at 817.288.8988.
Tarrant County Young Lawyers Association The 2016-2017 new TCYLA Year begins September 1, 2016. If you need an application or meeting information, call 817.338.4092, email firstname.lastname@example.org, or go to the website at tcyla.org.
Executive Director Patricia Graham, PLS, CLAS
Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.
Ex-Officio Members State Bar of Texas, Directors J. Benjamin Barlow Gary L. Nickelson ABA Delegate Janna Clarke
Bar Bulletin John F. Murphy Editor H. Dennis Kelly Assistant Editor April Holland Staff Editor/Graphics/Production
The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: email@example.com 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission is the 1st day of the month, one month prior the date of the issue (e.g. April 1 for the May issue). Items for publication may be emailed to firstname.lastname@example.org in Word format. Articles published in the Bar Bulletin do not necessarily re�lect the opinions of the Tarrant County Bar Association, its of�icers, or the Board of Directors. Advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
CLE Membership Luncheon Tuesday, July 12 g City Club g 11:45am
rank Stevenson is a partner in the Dallas office of Locke Lord LLP, where he has practiced real estate, transportation, governmental, and finance law for the past 36 years. He was a member of the State Bar Board of Directors from 2010 to 2014 and chaired the board. He served on the board of the Dallas Bar Association for 14 years and was DBA president in 2008. He is a trustee and Vice Chair of the Dallas Bar Foundation, serves on the Texas Commission to Expand Civil Legal Services and on the State Bar’s Pro Bono Workgroup, won two awards from his region’s legal-aid provider, and was honored for founding programs to advance professionalism for beginning lawyers and to expand diversity. Stevenson is president of the Sammons Center for the Arts (an arts incubator/performance facility), an associate member of the Dallas Citizens Council, on the board of the North Dallas Chamber of Commerce, and an elder and teacher at Northridge Pres-
byterian Church. He has served his alma mater in numerous capacities, including as chair of the Executive Committee of the Alumni Council, and was awarded its Medal for Eminent Service. Stevenson received a Presidential Citation from the State Bar in 2013 and the “Best Series of Articles-Features/ General Interest” award (for his DBA President’s Columns) in 2009. Stevenson graduated with a B.A. magna cum laude from Amherst College in 1977 and received his J.D. from the University of Virginia in 1980. He and his wife, Helen, have three intermittently adult children, Caroline, Louise, and John. g This year's luncheon, co-hosted by the Tarrant County Bar Association & the Tarrant County Young Lawyers Association, will be held at the City Club on Tuesday, July 12, at 11:45am. The City Club is located at 301 Commerce Street, Fort Worth, 2nd floor. Lunch will be $26 for members with advanced reservations and guest and walk-ins will be $31. Dress is business casual - suit and tie not required. To make your reservation, please contact Sherry at 817.338.4092 or email@example.com or go to the calendar section of our website at www.tarrantbar.org. For directions and contact information, please visit the City Club website at www.cityclub-ftw.com.
YLASnapshot Erin Cofer, President TCYLA
he summer heat has arrived in Fort Worth and with it a little summer fun. On Saturday, June 4, the Tarrant County Young Lawyers Board of Directors participated in a team building exercise with Cowtown Cycle Party. Our board cycled our way around downtown Fort Worth and worked our leg muscles! We learned that our Outstanding Mentor Award recipient, Judge “Bill” Harris, won the statewide honor of Outstanding Mentor. This is a huge honor as all the Young
Lawyer affiliates from around the state submit nominations and a statewide committee selects the candidate from a very large applicant pool. Congrats again to Judge Harris on this exceptional recognition. Susan Smith continues her Dress for Success— Clothes for the Indigent project. This week our Board has worked to collect and sort hundreds of business clothes donations for the indigent. Soon these clothes will be available in the criminal and family law courthouses for the indigent to wear in court. g
July/August 2016 ▪ TCBA BULLETIN 3
TCBA Welcomes its 2016-2017
Oﬃcers & Directors
President Robert G. West Whitaker Chalk Swindle & Schwartz PLLC
President-Elect Nick Bettinger McDonald Sanders Law Firm
Vice President Lance Evans Evans, Daniel, Moore, Evans and Biggs
Secretary-Treasurer John Cayce Kelly Hart & Hallman LLP
Director (Term ends 2017) Tawana Gray Law Ofﬁce of Tawana H. Gray, PLLC
Director (Term ends 2017) Gary L. Medlin The Medlin Law Firm, PLLC
Director (Term ends 2017) Jason C.N. Smith Law Ofﬁce of Jason Smith
Director (Term ends 2018) Cody L. Cofer Cofer Law, P.C.
Director (Term ends 2018) Veronica C. Law Brackett & Ellis, P.C.
Director (Term ends 2018) Lu Pham Dowell, Pham & Harrison, LLP
Appointed Director Raul A. Canez Canez & Associates, PLLC
Appointed Director Julie Sladek Texas Department of Family and Protective Services
4 www.tarrantbar.org ▪ July/August 2016
TC Young Lawyers Association President (2016 Spring) Erin Cofer Tarrant County Criminal District Attorney's Ofﬁce
TC Young Lawyers Association President (2016 Fall) Susan Smith Gardner & Smith, PLLC
Immediate Past President David E. Keltner Kelly Hart & Hallman LLP
Executive Director Patricia Graham, PLS, CLAS Tarrant County Bar Association
July/August 2016 ▪ TCBA BULLETIN 5
MONDAY, SEPTEMBER 26 1:00 PM Shotgun Start • $125 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive SPONSORSHIPS Sponsorships are Tax Deductible and available for $400 Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and 10% off 1 team entry.
All sponsorship funds will benefit the Tarrant County Bar Foundation, which was established in 1997 to support and expand its commitments to “justice, service, and professionalism” by funding important community service projects. These projects include crucial legal services to needy citizens and education
of the public about their rights and responsibilities under the law. For more information please contact firstname.lastname@example.org 6600 Mira Vista Blvd, Fort Worth, TX 76132 www.miravistacountryclub.com
Entry Form Players: 1.
Please submit the entry form with your check made payable to TCYLA to 1315 Calhoun Street, Fort Worth, TX 76102. You may also fax your form to 817.335.9238 or email it to email@example.com. Contact Clark Rucker at firstname.lastname@example.org for further questions.
6 www.tarrantbar.org ▪ July/August 2016
Golfers: x $125 = Apply Sponsor Discount (10%)
Separate $400 Check to TCBF Enclosed Total Amount Paid
Members of the 2016-2017
This list represents firms/organizations as of July 1, 2016 Adams Lynch & Loftin P.C.
Law, Snakard & Gambill, P.C.
Baker Monroe PLLC
McDonald Sanders Law Firm
Barlow Garsek & Simon, LLP
Mellina & Larson, P.C.
Bourland, Wall & Wenzel, PC
Moses, Palmer & Howell, L.L.P.
Brackett & Ellis, P.C.
Murphy Mahon Kefﬂer Farrier, LLP
Broude Smith & Jennings PC
Naman Howell Smith & Lee, PLLC
Brown, Dean, Wiseman, Proctor, Hart & Howell LLP
Noteboom Law Firm
Cook Children’s Health Care System
Paup, Shutt & Associates, P.C.
Curnutt & Hafer, L.L.P.
Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P.
Dawson Parrish, PC
Stephens, Anderson & Cummings
Dowell, Pham & Harrison, LLP
Thompson & Knight, LLP
Edison, McDowell & Hetherington, LLP
Underwood Law Firm
Friedman, Suder & Cooke
Varghese Summersett, PLLC
Gordon & Sykes, LLP
Wallach & Andrews, P.C.
Grifﬁth, Jay & Michel, LLP
Watson Caraway Midkiff & Luningham L.L.P
Haynes and Boone, L.L.P.
Whitaker Chalk Swindle & Schwartz PLLC
Holland Johns & Penny LLP
Jackson Walker, L.L.P.
Kelly Hart & Hallman LLP
The Wolf Law Firm, P.C.
Lacy Lyster Malone & Steppick, PLLC To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2016-2017 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/or-
ganization 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 Sandy Tilley at 817.338.4092 or email her at email@example.com.
n October 2015, Judge Dana Womack announced that she would not run for a sixth four-year term as Judge of the 348th District Court. Her current term will run through December 31, 2016, and at that point, she will have served twenty years as a Civil District Judge in Tarrant County. Her career as a judge has been filled with numerous accolades and appreciation from peers. Her decision to announce that she would not run for re-election was out of respect for the election process and “to give everyone a fair shot.” Four attorneys entered the race for the opportunity to serve in the 348th District Court. She says that she likes to “stay under the radar,” but her office tells a different story. On one wall is a handwritten note and photograph that reads: “To Dana Womack, with appreciation, every good wish and very best regards, Ronald Reagan.” Certificates of appreciation from the Tarrant County District Clerk’s Office and the Tarrant County Commissioners Court line other walls. She has served as President of the Fort Worth Republican Forum, and she has been a member of the Board of Directors of the Humane Society of North Texas, Inc. and Dispute Resolution Services of North Texas, Inc. Judge Womack was born in Dallas, and her father was a Dallas firefighter. When he became Fire Chief of Corsicana, her family moved there while she was in high school. In her senior year in high school, she was captain of the drill team. She graduated in 1978 from Corsicana High School as the class valedictorian. Then she was off to Baylor University, where her best friend attended. Judge Womack obtained her Bachelor of Arts degree with a major in Psychology from Baylor in 1982. In 1983, she graduated from Baylor Law School. How did she finish law school one year after college? She had begun taking college courses at Navarro College while attending high school in Corsicana. She transferred those credits to Baylor and then was permitted under an existing program to enroll in Baylor Law School before graduating. Once in Baylor Law School, she studied straight through every quarter without a summer break until she graduated in November 1983. She met her future husband, Keith Branyon, in law school, where they were partners in Practice Court. They were told that if they could make it through Practice Court together, marriage would be a snap! The prognosticators were correct; Judge Womack and Keith celebrated their thirty-second wedding anniversary in March. Judge Womack began her career as an Assistant County Attorney in Odessa (Ector County). She handled civil and criminal cases during her time in that office. She and Keith moved to Fort Worth in early 1985, and she began the second phase of her career as an Assistant District Attorney for Tarrant County shortly thereafter. Judge Womack always did civil work while in Fort Worth, representing Tarrant County and its officials. During her time in Tarrant County, she also became Board Certified in Civil Trial Law and Civil Appellate Law. In late 1995, Judge Womack decided to run for judge of the 348th District Court. Although the first-ever judge of
8 www.tarrantbar.org ▪ July/August 2016
by Perry J. Cockerell
that court, Michael Schattman, was not seeking re-election, Judge Womack had four opponents in the race. The campaign was long and grueling, and in the midst of it, her father died in January 1996. She took her oath of office in January 1997, and has proudly served since that time. Judge Womack’s judicial philosophy has always been to treat everyone who comes to her court with the utmost respect. When she was listed in 2011 as a Power Attorney by the Fort Worth Business Press, the newspaper quoted her as saying, “I know this sounds trite, but I believe every time I go into the courtroom, I treat it as the most important case because of the people in front of me. This, to them, is the most important case there is. I find it difficult to elevate one case above another.” In looking back over the past twenty years, she said that “we used to routinely try multi-week jury trials. Things have changed. Now I do a lot of non-jury trials, shorter jury trials and more motion practice.” Judge Womack has not decided what she will do in the next phase of her life. She loves animals and she loves to travel. When she can combine the two, she does so. She and Keith fell in love with the Canadian Rockies in the late 1980s, and she looks forward to hiking and photographing elk, deer, moose, black bears, grizzly bears, wolves, and coyotes on her trips there. In the summer of 2015, they traveled to the Arctic Circle where they saw polar bears, seals, puffins, and walruses. Having worked for Tarrant County for more than thirty-one years and for the State as a judge for nearly twenty years, Judge Womack has had the privilege of working with a wonderful staff. “We in Tarrant County are blessed to have terrific clerks, coordinators, reporters, and bailiffs. I recommend that attorneys tap into the resources of the great staff and their vast knowledge.” She added, “I do not have local-local rules, which can sometimes act as stumbling blocks for attorneys. Anyone working in the 348th District Court is happy to answer questions, including inquiries about all of the new equipment in our civil courtrooms.” She welcomes visitors and appreciates attorneys who come to investigate the new systems and the courtroom in advance of their trials. “Come early; we are happy to help. Folks who practice in Tarrant County are lucky to be here, and my goal has always been to make the experience as pleasant as possible.” g
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Here is Your TCBA Staﬀ
Patricia Graham Executive Director
Associate Executive Director
Pro Bono Programs Director
10 www.tarrantbar.org ▪ July/August 2016
continued from page 1
regularly attending educational lunches at the old Press Club and playing on the softball team, but I never served as an officer of that group. I became active in TCBA when my friend and former law colleague Louis Sturns telephoned me shortly after he was elected TCBA President to ask that I chair a new committee for local CLE events, which resulted in the Brown Bag Seminars of which I am proud to have been the organizing Chairman. More recently, I have served on and as Chairman of the All Star CLE Committee and the Bench Bar Committee. I was casually nicknamed “Skipper” by my friend Nick Bettinger (now TCBA President-Elect) since I helped arrange the Saturday afternoon boat cruises on Possum Kingdom Lake the three years the Bench Bar Conference was at The Cliffs Resort. I probably will wear my official “Skipper” hat to some of the Bar events this year so that you can find me in the crowd! Speaking very brieﬂy of Bar events for the coming year, the Board of Directors and I want to build up our membership by encouraging your attendance and participation in the Docket Call Social Events, the periodic Membership CLE Lunches, the Brown Bag Seminars, and at least one of
our Sections (and we may add a new Section or two, including one for Senior or “Emeritus” Attorneys). We will work to increase the attendance at the annual Bench Bar Conference next April. The best way to keep Tarrant County the friendly and cordial legal community that it has been for many years is for you to meet your fellow attorneys in a non-adversarial setting in one or two (or more) of the TCBA activities of most interest to you. If there is not yet something that interests you, give us your suggestions for improvements to the existing programs or for new programs or activities that might be added to help support you in your law practice and your life. The first Membership CLE Lunch of the new Bar year will be on Tuesday, July 12, at 11:45am, at the City Club, at which our guest speaker will be the incoming President of the State Bar of Texas, Frank Stevenson, who is a native of Fort Worth. I look forward to meeting each of you during the coming year. g -
“Skipper” Bob West
L. Cliﬀord Davis Legal Association Honors Former Presidents
he L. Clifford Davis Legal Association held an “In Your Honor” reception where they honored the former Association's Presidents. The recepetion was held on Tuesday, April 19, 2016 at the Texas A&M University School of Law “Law School Conference Center.” The Association was organized in 1977 with 14 local attorneys. The following former Presidents were honored: John P. White, Jr., 1977-1978 & 1981-1982 Honorable Louis Sturns, 1978-1979 Thomas L.G. Ross, 1979-1980 Mattie Peterson Compton, 1980-1981 Jessie Gaines, 1982-1983 Anthony Vaughn, 1983-1984 Donald Fleming, 1984-1985 Dianne Stanley, 1984-1985 Leon Haley, Jr., 1985-1986 Honorable Maryellen Hicks, 1986-1987 Michael Heiskell, 1987-1988 Honorable Glenn Lewis, 1988-1989 Nelda Faye Harris, 1989-1991
Winfred Colbert, 1991-1992 Cheryl Williams, 1992-1993 Terry Boone, 1993-1994 Stanley Hatcher, 1994-1995 Bobbie Edmonds, 1995-1996 & 2002-2003 Brian Newby, 1996-1997 Marla Dean Lee, 1997-1998 Douglas C. Greene, 1998-1999 Cicely Nedd-Thomas, 1999-2000 Faye Denson Watson, 2000-2001 Sandra Randle-Fordjour, 2001-2002 Sonyia Clay-Byrd, 2003-2004 Gwinda Burns-Gaines, 2004-2005
Tawanna Lynn Cesare, 2005-2006 Roderick White, 2006-2007 Samuel Williams, 2007-2008 Leon Reed, Jr., 2008-2009 Brian Salvant, 2009-2010 Tiffany Burks Hamilton, 2010-2011 Loren Green, 2011-2012 Nikki L. Chriesman-Green, 2012-2013 David M. Patin, Jr., 2013-2014 Mary Panzu, 2014-2015 Crystal. L. Gayden, Current President
Civil and Criminal by Judge Bob McCoy
WHO’S THAT STREET NAMED AFTER?
Z-Boaz Place: William J. Boaz was City Councilman in 1873. He was a banker and large landowner. —From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.
ASK JUDGE BOB
Judge Bob, in a criminal case, what is “rebuttal evidence” from the State’s perspective? “Rebuttal evidence is evidence that is offered in reply to new matters, even if it overlaps with the evidence presented in the State’s case-in-chief, as long as the testimony is responsive to evidence presented by the defense. The scope of a rebuttal witness’s testimony is accorded wide latitude and will not be restricted merely because it could have been presented on direct examination. . . . The State may not ask questions of a defendant during cross-examination that are ‘designed to manufacture a rebuttal situation for a presentation of the State’s evidence that belonged in its case in chief.’” Jackson v. State, 474 S.W.3d 525 (Ark. App. 2015).
ASK THE DANES
Ramses and Moses, does strict liability have any part in the laws concerning dog bites? Possibly. Our Supreme Court has stated that “suits for damages caused by vicious animals should be governed by principles of strict liability.” Marshall v. Ranne, 511 S.W.2d 255, 258 (Tex. 1974).
Co-Editor Lin Morrisett Associate Judge Probate Court No.2
County Criminal Court No. 3
as well as exculpatory evidence . . . The good or bad faith of the prosecution is irrelevant.” Fears v. State, 479 S.W.3d 315 (Tex. App.—Corpus Christi 2015).
“It is well settled that a warrant or order is not required for law enforcement to record a conversation with a suspect when, as here, a private party to the conversation has consented to the recording.” Allen v. State, 479 S.W.3d 341 (Tex. App.—El Paso 2015).
“In a theft case, the State has the burden to prove the property’s value through evidence of either ‘(1) its fair market value at the time and place of the offense, or (2) the cost of replacing it within a reasonable time after the theft if fair market value could not be ascertained.’ . . . ‘Fair market value is the amount of money that the property would sell for in case, given a reasonable time for selling it.’” Bullock v. State, 479 S.W.3d 422 (Tex. App.—Houston [14th Dist.] 2015).
4. Possession of Marijuana
“A person commits the felony offense of possession of marijuana if that person knowingly or intentionally possesses a useable quantity of the drug. . . . To prove unlawful possession of a controlled substance, the State must establish that the accused exercised care, control, or management over the contraband and knew that the substance was contraband. . . . Mere presence in the same place as the controlled substance is insufficient to support a possession finding.” Hung Phuoc Le v. State, 479 S.W.3d 462 (Tex. App.— Houston [14th Dist.] 2015).
THE DANES’ QUOTE OF 5. Investigative Detention Is Justified THE MONTH “Individual circumstances may seem innocent enough in
“Dogs watch for us faithfully. They love and worship their masters. They hate strangers. Their power of tracking scent is extraordinary. Great is their keenness in the chase. What can all this mean but that they were made for man’s advantage?” –Cicero, De Oficius
CRIMINAL ITEMS OF INTEREST 1. Brady
“Under United States Supreme Court precedent beginning with Brady, the State is required to disclose evidence known to it that is favorable or material to a defendant’s guilt or punishment, whether or not the defendant requests it. . . . This duty encompasses both impeachment
12 www.tarrantbar.org ▪ July/August 2016
isolation, but if the circumstances combine to reasonably suggest the imminence of criminal conduct, an investigative detention is justified.” Bledsoe v. State, 479 S.W.3d 491 (Tex. App.— Fort Worth 2015).
6. New Trial
“A trial judge ‘cannot grant a new trial on mere sympathy, an inarticulate hunch, or simply because he personally believes that the defendant is innocent or received a raw deal.’ . . . Instead, even where a defendant urges a new trial on interest of justice grounds, ‘[a] motion for a new trial, whether for guilt or punishment, requires a valid legal claim.’” State v. Ramos, 479 S.W.3d 500 (Tex. App.—El Paso 2015).
7. General Warrant
“With the exclusion of an essentially general warrant, the appropriate remedy when presented with a partially invalid warrant ‘is not to suppress the fruits of the entire warrant but to strike the offending clauses and exclude evidence that does not fit within the warrant as modified.’” Spotwood v. State, 479 S.W.3d 511 (Tex. App.—Eastland 2015).
“If the applicant presents [newly discovered evidence that affirmatively establishes his innocence], the habeas court then determines whether the applicant proved by clear and convincing evidence that no reasonable juror would have convicted him in light of the newly discovered evidence. The habeas court must examine the ‘newly discovered evidence’ and determine whether the ‘new’ evidence, when balanced against the ‘old’ inculpatory evidence, unquestionably establishes the applicant’s innocence.” Collins v. State, 479 S.W.3d 533 (Tex. App.—Eastland 2015).
9. Equal Protection Clause
“The State has a legitimate interest in preventing the sexual exploitation of students by educators and in preserving an educational environment conducive to learning.” Collins v. State, 479 S.W.3d 533 (Tex. App.—Eastland 2015).
CIVIL ITEMS OF INTEREST 1. Statutory Prerequisites
“Statutory prerequisites to suit are jurisdictional requirements for governmental entities, and, as such, are properly asserted in a plea to the jurisdiction. . . . While the burden is ordinarily on the plaintiff to affirmatively establish jurisdiction, the underlying jurisdictional fact here— whether the political party filed the written estimate of primary-election expenses—was not in dispute at trial. The secretary, of course, knows whether a statement was filed because the statement is filed with his office, and he does not assert that none was filed. Rather the secretary argues that the political party failed to establish jurisdiction conclusively by obtaining a stipulation of that fact. Like the court of appeals, we decline to dismiss the case on such tenuous grounds.” Cascos v. Tarrant Cty. Democratic Party, 473 S.W.3d 780, 784 (Tex. 2015).
“What constitutes consideration is a question of law and is reviewed de novo.” Marx v. FDP, Ltd., 474 S.W.3d 368, 378 (Tex. App.—San Antonio 2015).
3. Money Had and Received
“A cause of action for money had and received arises when the defendant obtains money which in equity and good conscience belongs to the plaintiff. It is an equitable
doctrine applied to prevent unjust enrichment.” Freesia v. IS Storage Venture, LLC 474 S.W.3d 379, 386 (Tex. App.—Houston [14th Dist.] 2015).
“A lack of clarity will not create an ambiguity.” St. Paul Fire & Ins. Co. v. Petroplex Energy Co., 474 S.W.3d 454, 460 (Tex. App.—Eastland 2015).
“[I]t is not enough for a defamed individual to simply be a public official before the yoke of proving actual malice can be thrust upon him. The defamation must also ‘clearly relate’ to the complainant’s conduct as a public official or his fitness for office.” Abraham v. Greer, 474 S.W.3d 731, 735 (Tex. App.— Amarillo 2014).
6. Less Burdensome Restriction
“The restriction requiring Mother to be ‘off work’ and ‘present’ to exercise her summer period of possession exceeds that which is required to protect the best interests of the children because a less burdensome restriction can serve the trial court’s reasonable requirement that the children be properly supervised at all times." In re H. D. C., 474 S.W. 3d 758, 764 (Tex. App.—Houston [14th Dist.] 2014).
7. Sua Sponte Reconsideration
“A trial court has the authority to reconsider its original ruling on a motion for summary judgment either on a proper motion or on its own initiative.” Note Inv. Group, Inc. v. Assocs. First Capital Corp., 476 S.W.3d 463, 495 Tex. App.—Beaumont 2015).
QUOTE OF THE MONTH
“Ninety percent of politicians give the other ten percent a bad reputation.” –Henry Kissinger
Legal Quote of the Month
“It is justice, not charity, that is wanting in the world.” –Mary Wollstonecraft (whose daughter, Mary Shelly, wrote Frankenstein)
Oregon held the first ever popular election primary in 1910. Prior to that, various systems of state caucuses and congressional caucuses chose the nominees, except for George Washington, who was nominated and elected by the Electoral College. State primaries and caucuses did not really catch on quickly, with only 20 states employing them by 1920, and that number grew and contracted over the years, with only 12 states employing them as late as 1968. In that year, Hubert Humphrey’s selection at the Democratic Convention, despite not having one single state primary, gave an impetus to establishing a binding public process for selecting nominees. Wikipedia, United States Presidential Primaries
July/August 2016 ▪ TCBA BULLETIN 13
Tarrant County Bar Foundation
Luncheon Supporting the community & legal service endeavors of the Tarrant County Bar Foundation & Tarrant County Bar Association and celebrating their volunteers and community partners.
Thursday, October 13, 2016 11:30 - 1:00pm City Club
Keynote Speaker: Chief Justice Nathan Hecht 27th Chief Justice, Supreme Court of Texas $10,000 Champion of Justice, includes a table at the luncheon, prominent placement in all brochures and sponsorship material, and a law student fellowship named for you or your organization. $7,500
Soldier of Justice, includes a table at the luncheon, recognition in all brochures and sponsorship material, and named sponsorship of a legal clinic held by Texas Lawyers for Texas Veterans - Tarrant County Chapter in 2017.
Guardian of Justice, includes a table at the luncheon, placement in all brochure and sponsorship material, and named sponsorship of a general advice, family law, or wills and estate clinic held by Tarrant County Volunteer Attorney Services in 2017.
Patron of Justice, includes a table at the luncheon and recognition in all brochures and sponsorship material.
Supporter of Justice, includes a one-half table at the luncheon and recognition at the luncheon.
Tables will seat 10 persons. Individual tickets for the luncheon cost $150 and all other donations in connection with the Advocates for Justice program will be listed in the luncheon program.
Sponsor Name___________________________________________________________________________________ I would like__________________________tickets (at $150 each) for a total of $_______________________________ I am unable to attend, but I would like to make a tax-deductible contribution in the amount of $______________ Name__________________________________________ Firm____________________________________________ Phone__________________________________________ Fax_____________________________________________ Address__________________________________________________________________________________________ Method of Payment Check/Check#_______________ Credit Card#________________________________ MC Visa AmEx Expiration___________________________ Security Code____________________ Name on Card___________________________________________________ Billing Zip Code___________________ Please make your check payable to Tarrant County Bar Foundation and mail with this ticket order form to Tarrant County Bar Foundation 1315 Calhoun Street, Fort Worth, TX 76102 g 817.338.4092 g www.tarrantbar.org
Lawyer Referral and Information Service News
on’t forget that the new bar year begins on July 1, 2016, and the last referral for 2015-2016 members will be given on June 30, 2016. If we have not received your 20162017 renewal by July 1, you will receive no more referrals. The LRIS has purchased new software called “Case Management.” This is a self-reporting database that will enable LRIS attorneys to fill out their reports online. This means no reports going out to everyone each month, but instead, monthly reminders to go online and manage your cases. This will also include online payment ability. Watch for e-mails inviting you to the annual LRIS luncheon, where we will demonstrate the program. The luncheon date has not been set yet because we are waiting on completion of the software.
Once again, SPECIAL THANKS to our LRIS attorneys who make all of this possible with their referral fees: Bradley Clark Rashelle Fetty Lacie Friday Stephen Geis Phillip Hall Earl Hargrave Jeffrey Kaitcer Breanne Lilley Mansfield & Mansfield, P.C. Caleb Moore Jerry Murad
Sean Pevsner Will Pruitt Amanda Rodriguez Leigh Ann Schenk Karen Schroeder Sarah Seltzer Morris Sheats Anthony Simpson Joyce Stevens Carey Thompson Veronica Veyhl
Calendar of Events Please visit our website for a complete list of upcoming events. www.tarrantbar.org
For affordable Basic and Family Mediation Training, contact DRS of North Texas Inc. Acquire the qualifications and experience needed to become a skilled mediator. Receive training from professionals with years of mediation experience at the best price. Available in September is a 40Hour Basic Mediation Training followed by a 30-Hour Family Mediation Training in November. Dates and times are listed on our website. All courses are accredited by the State Bar of Texas for MCLEs including credit hours for ethics.
Download an application at drsnorthtexas.org. 4304 Airport Freeway, Suite 100 Fort Worth, Texas 76117 817-877-4554
Uncommon attention to reach common ground.
July/August 2016 ▪ TCBA BULLETIN 15
Join the TCBA
Celebrating 20 Years with
Sherry Jones Thursday, August 11, 2016 5:00pm - 7:00pm TCBA Bar Center 1315 Calhoun Street
TLIExperience Because of our 36 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $41,550,000 to our policyholders. See why experience makes the difference.
512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG
Amanda Azua, Lead Underwriting Specialist/ Social Media Coordinator
News & Information
Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Larry Gaydos. For location & information, email arlingtonbarassociation@ yahoo.com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Sue Allen, President, at 817.926.5005 or firstname.lastname@example.org. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Crystal Gayden at 817.496.8408 or by email at email@example.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks, 76114. For more information, contact President Eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Leslie Barrows at 817.481.1583 or firstname.lastname@example.org. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Randy Bowers at 817.348.8094 or LELERB@sbcglobal.net. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month at the Family Law Center Assembly Room on the 2nd ﬂoor. For more information, contact president Kevin Schmid, 817.377.3000 or email@example.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Tena Fox at 817.280.0811 or firstname.lastname@example.org. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact John S. Jose at 817.288.8988. Tarrant County Young Lawyers Association The 2016-2017 new TCYLA Year begins September 1, 2016. If you need an application or meeting information, call 817.338.4092, email email@example.com, or go to the website at tcyla.org.
16 www.tarrantbar.org ▪ July/August 2016
Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.
Membership Report 2016-2017 Bar Year Begins
he 2016-2017 TCBA Bar Year began July 1. Membership renewals have been emailed to current TCBA members with email addresses and mailed to others. Invoices were also sent to firm administrators. Please check with your administrator to see if they have received the renewal invoices and if they have paid them before you submit payment. Note: If you wish to continue to receive a hard-copy of the Bar Bulletin, please include an additional $20 with your invoice. All others will receive the E-Bulletin. We encourage everyone to re-join and get involved. The local bar association is only as good as the committees,
Member Benefits Vendor List
TCBA members may take advantage of discounts provided by the following vendors: ABA Retirement Funds Program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact firstname.lastname@example.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and enter coupon code. Contact Sherry Jones for coupon code by email at email@example.com. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, but check out UPS for your needs at www.ups.com or 1.800.PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified document-destruction service offering 40% off to TCBA members. Call the TCBA office for details. g
sections, and members make it. We couldn’t do the awardwinning programs that we do without YOU, the members. If you have any questions regarding your membership, please contact Sandy at the bar office or email her at firstname.lastname@example.org. Current memberships are good through September only.
Welcome to Our New Members Attorneys Michael H. Cooper Robyn Trosper Robert "R.L.” Florance Elizabeth Tiblets Kevin Lee Christin D. Day Dena Stroh Jordan McCarroll Nicholl B. Wade
Blake C. Billings Nathan McCune Samuel C. Vinson James Greer Michael Mendoza Blakely Mohr Glenn Holley Associates Sarah Oliveira-McDonald
Benefits of Membership
hy be a member of the Tarrant County Bar Association? Besides wonderful networking opportunities and camaraderie in the legal community, membership has other benefits such as: 1. The TCBA has eighteen Substantive Law Sections offering CLE and networking with members interested in the same areas of law. 2. Reduced rates on CLE (Brown Bags, Luncheons, Section Meetings, Last Tuesday CLE). 3. Reduced rates on room rental at the TCBA Bar Center. 4. Monthly Bar Bulletin (by email or mail) and updates on upcoming events by e-mail. 5. Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas Veterans-Tarrant County Chapter, Tarrant County Volunteer Attorney Services; and through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others. 6. Reduced rates on advertising in the Bar Bulletin and on the TCBA website. 7. Mentoring or being mentored through the Transition to Practice program. 8. Reduced rates on office supplies, UPS, shredding documents, and the Fort Worth Zoo and more. 9. The all-important fun networking opportunities. So the next time someone asks you why join the TCBA, please let them know. We thank you for your continued membership. This Bar Association is great because of its members like YOU! If you have any questions regarding your membership, please contact Sandy at the bar office at 817.338.4092 or by email at email@example.com. g
July/August 2016 ▪ TCBA BULLETIN 17
Tarrant County Volunteer Attorney Services Save the Date General Advice Clinic on July 26, 2016 Join A TVAS Project
TVAS is working on several legal projects to benefit different areas of the community. For example, TVAS is seeking volunteers interested in putting together legal resources for the homeless community. If you are interested, please contact Megan Cooley at firstname.lastname@example.org.
arrant County Volunteer Attorney Services (TVAS) is holding its third general advice clinic at Presbyterian Night Shelter on Tuesday, July 26, 2016 at 7 p.m. At the legal clinic, law students and paralegal volunteers conduct the initial interview and intake of the shelter residents. Volunteer attorneys and staff attorneys from Legal Aid of NorthWest Texas (LANWT) then provide free legal consultations to the residents on a variety of legal areas, including criminal, social security, family, and housing matters. If you are interested in volunteering for this clinic, please contact Megan Cooley at email@example.com.
Join The TVAS Committee
The Tarrant County Bar Association recently distributed its 2016-2017 Community Volunteer Form to its members. If you are interested in serving on the TVAS committee, please fill out the form and return it to Sherry at firstname.lastname@example.org. You may access and download the form on our website at www.tarrantbar.org.
18 www.tarrantbar.org ▪ July/August 2016
Volunteer Profile Julie K. Sherman, TBLS-BCP
Julie is a Board Certified Paralegal in the litigation section at Cantey Hanger, LLP. Her primary areas of law are health law and civil litigation. Julie has been a paralegal for thirtytwo years. She just celebrated her twentieth anniversary with Cantey Hanger. Julie attended the paralegal studies program at Tarrant County College. She is Board Certified in Personal Injury Trial Julie Sherman (L); Law by the Texas Board of Shauna Wright-former TVAS Chair (R) Legal Specialization. Julie is a member of the Fort Worth Paralegal Association, Paralegal Division; the State Bar of Texas; Tarrant County Bar Association; the College of the State Bar of Texas; and the Pro Bono College of the State Bar of Texas. Julie has served on numerous boards and committees, and she was 2010 President of the Fort Worth Paralegal Association. Julie is now the TVAS Chair for the Fort Worth Paralegal Association and the Marketing Co-Chair for the 2016 Texas Advanced Paralegal Seminar for the Paralegal Division-State Bar of Texas. She is a member of the Paralegal Division Annual Meeting Committee and the Tarrant County Brown Bag Committee. Julie received the 2006 FWPA’s Paralegal of the Year Award, the 2012/2013 PD-SBOT Exceptional Pro Bono Service Award, the 2013 TCBF’s Paralegal Pro Bono Award, the 2014 Tarrant County Young Lawyer’s Liberty Bell Award, and the 2014 Texas Young Lawyer’s Liberty Bell Award. g
Steve Laird & Wade Barrow
Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason
It takes years to establish a good reputaƟon Handling Meritorious Personal Injury and Wrongful Death Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015) - Thomson Reuters
Proud Sponsor of the Tarrant County Bar Association Bench Bar Conference XXIII
St e v e n C . L a i r d, P. C . 817.531.3000
1824 8TH AVENUE FORT WORTH, TEXAS 76110
Herschel Clyde Winn
erschel was born in Grandview on December 14, 1931, to Alta Fay and Herschel Clyde Winn Sr. He graduated from Grandview High School in 1948 at the age of 16. From 1953 to 1955 he served with the U.S. Army in England as a court reporter. After he returned home, he completed his B.B.A. in 1958, followed by his L.L.B. in 1960, both at the University of Texas. While attending law school, he met Carolyn Martin, a UT student, and they married in June 1961. After working for the Texas Highway Department and International Service Insurance Company, he was appointed Johnson County Judge in April of 1964 at the age of 32. In November 1968, he was hired by Tandy Corporation in Fort Worth as the company’s first inhouse attorney. He retired in November 1997 after 29 years of service as senior vice president and secretary. During his career, he was active in community and professional organizations including the Burleson Lions Club (president), Burleson Chamber of Commerce, State Junior Bar of Texas (director), North Texas Council of Governments (vice president), The Van Cliburn Foundation (treasurer), Fort Worth Convention and Visitors Bureau (director), and the First United Methodist Church of both Burleson and Fort Worth. In 2010, he was honored by the State Bar of Texas as a "50 Year Lawyer." Although the “facts” about Herschel are evidence of a life well lived, it is the “intangibles” that will leave a mark
on those what knew and loved him. His honesty, integrity, work ethic, negotiation skills, attention to detail, and tenacity were legendary, just ask any of his former employees who worked more than a few all-nighters with him. He was fiercely loyal to Tandy Corporation, where he worked for 29 years. Described as the “conscience of the corporation,” he was known as a staunch advocate for ethical conduct during his tenure. More than one person might describe Herschel as “thrifty.” In the fiscal sense, that was true, but he was extravagant with his love for his family. He spent most of his life chasing after blonde headed women Carolyn, as well as his two daughters, Celia, born in 1962, followed by Macey in 1963, and later his five granddaughters. A devoted and proud husband, Herschel loved Carolyn and the life they built together. He was an attentive and involved father, never wasting an opportunity to teach his daughters the value of hard work, respect for authority, the importance of life-long friendships, the qualities of a strong leader, commitment to the church and, most of all, the meaning of unconditional love. His five granddaughters were also the beneficiaries of his sharp wit, love of travel, generous spirit, appreciation of a good meal, sense of humor, and the bottom line: His presence in their lives. Herschel was preceded in death by his parents, Herschel and Alta Winn; wife of 53 years, Carolyn Winn; daughter Celia Winn Spaans; his brother Gerald Winn; and sister Marcheta Henson. g Article taken from the Fort Worth Star Telegram
Ira Michael Goodrich
ra Michael “Mike” Goodrich, 59, loving father, devoted husband and loyal friend, was called home to heaven on Friday, March 18, 2016, with many family members and friends by his side. He fought the good fight valiantly against a rare and vicious strand of cryptogenic organizing pneumonia. Mike was born March 6, 1957, and raised in Austin. He was the oldest of three boys to Ira “Red” Goodrich and Ernestine “Rock” Goodrich. Mike graduated from Anderson
20 www.tarrantbar.org ▪ July/August 2016
High School in 1975. He enjoyed anything related to the Boy Scouts and set the bar exceptionally high for his brothers by achieving the rank of Eagle Scout at the age of 14. He loved his time as a counselor at Philmont Scout Camp in New Mexico. Mike’s love for Boy Scouts continued throughout his life. He mentored many Scouts, several of whom also attained the Eagle rank. Mike graduated with honors from Baylor University in 1979. He followed his bachelor’s degree with a juris doctorate in 1981, and a master’s in business administration in 1982, all from Baylor University. Mike was awarded a Rotary Ambassadorial Scholarship which he used to obtain his LLM in international tax law from the University of Exeter in Exeter, England. He subsequently earned his CPA after starting his career in estate planning and wealth
management. In 2013, Mike fulfilled a lifelong dream of successfully opening and operating his own estate planning firm, Goodrich Planning Strategies, LLC, in Arlington. Previously, he was a founding partner and a managing director of View Capital Advisors. Mike was a brilliant entrepreneur, lawyer, accountant and financial advisor who cared about each of his clients and colleagues immensely. Mike and his adoring wife, Kathy, loved to travel, especially with friends from their Sunday School class. They backpacked together in Zion National Park, Yosemite National Park and the Pecos Wilderness Area. Mike and Kathy enjoyed several cruises, toured the Holy Land, and took fun-filled family trips around the U.S. and Europe. Many of Mike’s favorite memories involved numerous multi-day backpacking and canoeing adventures he made to beautiful places with his closest friends. In July 2014, Mike and his brave compadres trained for and climbed Mount Rainier. Mike adored being outside and was always a cheerful explorer and a guiding presence. He was in his element sitting around a campfire talking about the big and small things that make life glorious and the love of God manifested in the beauty of His creation. Mike made every campsite a happy camp regardless of weather, adversity of terrain or physical exhaustion. Mike was a hearer and doer of the Word. He brought joy, happiness and a can-do attitude into any room he entered. Christ’s love was evident in his ever-present smile and generous nature. Mike is best known to his family and friends as a gracious and giving man, and was always at the
forefront of any project dedicated to serving others. Mike served each and every day as the hands, feet, and heart of Christ. He made a difference everywhere he went in ways both big and small. Mike is survived by his beloved wife of 33 years, Kathy Casner Goodrich and his adoring daughters, Kate and Laura Goodrich, who were the apples of his eye. He leaves behind more friends, colleagues and mentees whom he cared deeply about than could ever be counted. This obituary is but a brief sketch of the generous and glorious life of our friend, Mike Goodrich. It ends with Mike’s customary salutation, “Blessings.” g Article taken from the Fort Worth Star Telegram
Stay CONNECTED to Us Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter
SAVE the DATES Juvenile Brown Bag
National Adoption Day
Bench Bar Conference XXIV
Friday, October 14, 2016 11:30am Lynn Ross Juvenile Detention Center
Friday, November 18, 2016 8:30am Tarrant County Family Law Center
April 28-30, 2017 Rockwall, Texas
If any sections would like to sponsor the event (Solo Section or Criminal Section) please contact Leslie Barrows via email email@example.com. The event will be recorded by Juris Fabrilis.
If interested in being on the NAD committee or being a vendor, please email firstname.lastname@example.org. Remember that kids are being adopted year-round! Please continue to donate bears in the bins located at the Tarrant County Bar office and the Tarrant County Family Law lawyer’s lounge. Opening remarks will be recorded by Juris Fabrilis.
We will meet the first Tuesday of every month at 4pm at the TCBA office. If interested in joining the fun Bench Bar team, please contact the BBC chair Leslie Barrows via email email@example.com. If you are an associate TCBA member and are interested in becoming a vendor at this event, please email lbarrows@ barrowsfirm.com.
July/August 2016 ▪ TCBA BULLETIN 21
Texas Lawyers for Texas Veterans
Tarrant County Chapter News from TLTV
TLTV Holds United Way Clinic in May at University of Texas at Arlington
TLTV held its second legal clinic under the United Way of Tarrant County’s Veteran Fund Grant on Friday, May 6, 2016. The clinic was held at the Veterans Upward Bound Building on the University of Arlington campus. Veterans Upward Bound is a free program for qualified veterans. The program motivates and assists veterans to develop academic and other necessary skills for acceptance and success in a program of postsecondary education. You can find more information about Veteran Upward Bound at http://www.uta. edu/veteransub/. Through the United Way of Tarrant County’s Veteran Fund Grant, TLTV has been able to assist returning veterans (i.e., those deployed after September 11, 2001) who might not have otherwise been able to receive assistance under TLTV’s programs. These veterans are currently receiving bankruptcy, criminal, and family law related assistance from TLTV’s volunteers.
Harris Finley & Bogle Sponsors TLTV’s May 20th Legal Clinic
TLTV thanks Harris Finley & Bogle for its generous sponsorship of TLTV’s legal clinic on Friday, May 20, 2016. The clinic was held at Tarrant County College’s Trinity River Campus. TLTV also thanks the following attorneys from Harris Finley & Bogle for volunteering at the clinic: Caroline Cyrier Paul Elkins Merrill Jones Phillip Vaden
Paul Westbrook Adam Simmons Tennessee Walker
Thanks for Taking a Case Thanks to the following volunteer attorneys for taking a veteran’s pro bono case:
John Johnson, (Johnson & Johnson) is assisting several veterans with criminal matters. Atticus Gill, (Gill Law Firm) is assisting veterans from TLTV's United Way Clinic with criminal law issues. Sarah Seltzer, (Seltzer & Dally, PLLC ) is assisting a veteran from TLTV's United Way Clinic with his family law case.
Carley Amyx, (Parker Straus, LLP) is a new volunteer and has agreed to help a veteran with an expunction of his criminal record. 22 www.tarrantbar.org ▪ July/August 2016
L-R: Phillip Vaden, Caroline Cyrier, Adam Simmons, Tennessee Walker, Paul Westbrook, Merrill Jones and Paul Elkins
Volunteer Profile Michele Delotto, Hurr Law Office, P.C.
L. Michele DeLotto is a TLTV committee member, and she frequently volunteers at TLTV’s monthly clinics. Michele also takes pro bono family law cases. Michele is licensed to practice law in all state, county, and municipal courts of Texas. She concentrates her practice in family law, including marital issues,
child custody, adoption, paternity, and modifications. She also practices in the probate courts. Michele holds a B.A. in English from Texas Wesleyan University, a M.A. in political science from the University of Texas at Arlington, and a Juris Doctor from Texas Wesleyan University School of Law. Her family has deep roots in Tarrant County. Michele’s first career began as a high school English teacher in her hometown of Mansfield. She has also served on the faculty of Tarrant County College, and she has served as a judge for Arlington’s Teen Court. She has been recognized annually in Fort Worth Magazine as a Top Attorney in Family Law since 2010, and as Mansfield’s Best Attorney. Why do you enjoy volunteering for TLTV? Many times people only have partial understanding of what their legal situation really is, and talking to the veterans helps sort out what the needs are and how to take the next steps. I find most people genuinely want to seek the proper pathway to resolving their legal issue. It’s satisfying to see the relief in the client’s face when I can say to them, “We can find someone to help you with that.”
Want to Help?
TLTV is always looking for new volunteers to get involved with the committee, attend a clinic, or take a case. You can sign up for the TLTV committee via the Tarrant County Bar Association’s 2016-2017 Community Volunteer Form and return it to Sherry at firstname.lastname@example.org. You may access and download the form on our website at www. tarrantbar.org.
At this time, TLTV is trying to place income-eligible veterans with family law attorneys. Please contact Megan Cooley at email@example.com, if you are interested in assisting a veteran from the TLTV program. g
Sherry Jones Associate Executive Director
Lawyers on the Move &
in the News
Blaies & Hightower, L.L.P. is pleased to announce that Steve Litke has joined the firm as a partner. Steve brings nearly 20 years of experience in corporate, securities, mergers and acquisitions, commercial contracting, and licensing and technology-related matters to the firm. Steve is returning to private practice after serving in a general counsel role the past five years. He can be contacted at stevelitke@ bhilaw.com or 817.529.2889. Hawkins & Walker, P.C. has announced they have moved their firm to a new location at 320 Purcey Street, Fort Worth, TX 76102. Call the office at 817.877.3355 or fax to 817.877.3356. Craig Dameron has announced they have moved to a new location at 320 Purcey Street, Fort Worth, TX 76102. He can be contacted at 817.222.0624 or by fax at 817.2229731.
Brown Bag Seminar & Season Pass
he Brown Bag Seminars will begin September 2016. Each year we usually have seven Brown Bag Seminars, providing a minimum of three hours of CLE credit per seminar. The Brown Bag Season Pass is an inexpensive way to get some CLE credit without having to travel. We do have a few scheduled: September 30 – Ethics October 14 – Juvenile Law November 11 – TBD When you purchase your 2016-2017 Brown Bag Season Pass for $125, it will allow you to attend all of the Brown Bag Seminars at no additional cost, unless you want to purchase lunch. Please let me know if you plan to attend so I can have enough handouts printed for everyone. g
July/August 2016 ▪ TCBA BULLETIN 23
Putting clients first for over 25 years.
Keith M. Jensen is honored to announce a charity:
“Poverty must not be a bar to learning and learning must offer an escape from poverty.” - Lyndon Baines Johnson
This scholarship fund was created to provide college or graduate students the opportunity to compete for scholarship funds on a need and merit basis. Benefactors will be determined by 2 factors: a) total rank amongst other essay submissions; and b) their and their family’s financial status classifying them as a need based recipient. In 2011, in the middle of a trial which turned out to be nine weeks long, I announced to my father who I learned in trial was diagnosed with cancer that I was going to start a scholarship fund in his honor. Thankfully, my father is “cured” and plays tennis 7 days a week! 2016 will be the inaugural essay competition. Three scholarships awards will be granted based on the amount in the fund and the results of the performance of its investments. With monies Keith Jensen has donated to date, the Fund anticipates being able to provide annual scholarships, hopefully in perpetuity, as follows: $3000-$5000 1st place $2000-$3500 2nd place $1500-$2000 3rd place The Jensen Annual Scholarship Essay
Fund is an IRS section 501(c)(3) public charity. Keith Jensen will match all donations made to the fund up to $250,000.00. If you would like more information, are interested in making a donation or are willing to volunteer your time for essay review, please contact Jack McDuffie at Jensen & Associates. 817.334.0762 Keith M. Jensen is able to spend his time, effort and resources on this charity, because he has successfully put his clients’ interests first for 25 years. See, www.Jensen-Law.com/results.
Jensen & Associates | 1024 N. Main St., Fort Worth, TX 76164 | 817.334.0762 | www.jensen-law.com
Hulda K. Sellingsloh
anging in the Tarrant County Bar Association office is a unique painting titled the “Native American Council Chamber.” A print copy of this particular painting was featured at a local cultural center art exhibit and very well received. The artist of this painting is Hulda K. Sellingsloh. Hulda became a member of the State Bar of Texas on August 12, 1940. Although she doesn’t practice law, she is well known throughout several states including Texas, New Mexico and New York for her civic leadership. Hulda has been a part of Bar activities for years and annually contributes to the TCBA. She became an active member of the Tarrant County Bar Association when she moved to Fort Worth, and she regularly participated in the Women Attorneys Section. Hulda currently resides in New York and will be 104 in November. She says “my heart and mind will always be with the Bar activities wherever!” g
Hulda presenting the picture to the TCBA in 1994
Space For Lease in the historic
Tindall Square Office Complex in Downtown Fort Worth
■ ■ ■ ■ ■ ■
Parking available Up to 10,000 square feet of office space available with rates starting at $18.50 psf. Current office tenant base includes attorneys, private investment firms and accountants. Executive suites for attorneys available, call for details. Secure record storage facility conveniently located on site with rates as low as $120/month Within walking distance to local restaurants and Sundance Square Office Space and Record Storage Space Available Immediately
Contact Debara Herring ■ 817.632.6364 firstname.lastname@example.org 505 Pecan Street, Suite 101 ■ Fort Worth, Texas 76102
May/June 2016 ▪ TCBA BULLETIN 25
g n i n e p p a Itâ€™s All H Around the Bar May Solo & Small Firm Mixer
Women Attorneys Section 'End of Year Happy Hour'
ow important is volunteering for LegalLine? Well, without those wonderful lawyers who agree to volunteer 2 hours twice a month, the citizens of our community who cannot afford an attorney would have no place to call and ask a lawyer a few questions regarding their legal issue. LegalLine is not all glitz and glamour and it will not make you rich and famous, but I believe the lawyers who volunteer each and every month are a vital part of the TCBA and I know the lawyers who volunteer enjoy the experience. I have had the privilege of volunteering
for at least 3 years and I have seen the same lawyers over and over again giving up their time for this wonderful program. LegalLine is the 2nd and 4th Thursday of each month from 6:00pm to 8:00pm. In the grand scheme of things, it is only a scintilla of a lawyer’s time, but it really does impact the community. Please consider volunteering –we need new faces! g
-Norma A. Bazán
Thank you to Our Volunteers
July/August 2016 ▪ TCBA BULLETIN 27
into the Past
Article taken from Celebrating 100 Years of The Tarrant County Bar Association
he history of the bar in Tarrant County predates the establishment of the county itself as the first lawyer arrived just months after Fort Worth was established in 1849. By 1873, there were nearly 20 lawyers in Fort Worth, including R.E. Beckham, who would become mayor in 1878 and later judge of the 29th Judicial District Court. Joining him were J.Y. Hogsett, author of the city charter, and J.J. Jarvis, a brother-in-law of Major K.M. Van Zandt and at one time the largest property owner in downtown. In 1882, William Capps and Samuel B. Cantey Sr. created a law partnership that became Cantey & Hanger, the oldest firm in Fort Worth. By 1885, 44 attorneys were practicing in Fort Worth, among them Capps, who would later defend Luke Short after the fatal shootout with "Longhair" Jim Courtright. By 1890, more than 100 lawyers were working in the city. In 1892, Capps, along with W.C. Strong, clerk of the Court of Civil Appeals, raised $10,000 and incorporated the Law Library Company to acquire 4,500 volumes to outfit a proper law library for the county. With more than 150 lawyers in town in 1902, there was apparently a growing concern that not all were upholding the highest standards of the profession. The Fort Worth Star-Telegram reported that Col. Richard M. Wynne, a candidate for governor in 1898 and a senior member of the Fort Worth legal fraternity, called for the creation of a Tarrant County Bar Association "to improve the character of practice in the various courts of the city and county, the claim being made that it does not reďŹ‚ect the credit in many instances due the profession." One hundred lawyers endorsed the proposition and Wynne set a meeting at the courthouse for Saturday, September 27, 1902 at which he was elected president. The new organization apparently didn't last a year, but it set the stage for the establishment of a permanent organization representing the Tarrant County Bar. On January 4, 1904, local lawyers met to organize the Fort Worth Bar Assocation. Meetings were scheduled on the first Monday of January, April, July and October at 9a.m. at the courthouse. The first president was B.D.Tarlton, who had served as the first chief justice of the Second Court of Appeals. His first vice-president was Samuel J. Hunter, who had arrived in Fort Worth in 1884, and was later appointed by a group of local lawyers to lead the campaign in the legislature to assure that Fort Worth was designated as the permanent seat for the Court of Appeals. Judge Hunter succeeded Tarlton as president in 1905, retaining the position until 1917. Presumably, the outbreak of World War I led to a suspension of regular meetings, and the Fort Worth Bar As-
sociation disappeared from the record until 1923. At some time during the year, a group of lawyers began meeting again at the courthouse on the designated first Mondays. They named the reconstituted organization the Tarrant County Bar Association and elected Lloyd H. Burns as president. By 1924, the meetings were held at the courthouse "on call," and W.E. Allen served as president. Leroy A. Smith assumed the presidency in 1925, followed by J.H. Barwise, Jr. in 1926 and S.R. Sayers in 1927. By the time Sayers was elected, the organization had changed the name again, this time to the Fort Worth and Tarrant County Bar Association. When interviewed for the 1949 city centennial edition of the Fort Worth Star-Telegram, Theodore Mack, then one of the oldest practicing attorneys in town, recalled that in the late 1920s and early 1930s, the Tarrant County Bar Association "didn't amount to anything." Others apparently shared his assesment, and in 1933, the bar reorganized again as the Fort Worth Bar Association. Among the incorporators was Atwood McDonald, who would later serve as chief justice of the Second Court of Appeals. The Star-Telegram reported that the first full set of officers was elected in 1936 and maintained a regular schedule of monthly meetings. In 1949, the membership totaled 450 and was one of the most active bar associations in the country. g
S.R. Sayers 1927-1928
J.H. Barwise, Jr. 1926-1927
B.D. Tarlton 1904-1905
Samuel J. Hunter 1905 - 1917
Lloyd Burns 1923-1924
W.E. Allen 1924-1925
Leroy A. Smith 1925-1926
Bar Bulletin ▪ July/August 2016 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED
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