Tarrant County Bar Association Bar Bulletin (July/August 2019)

Bulletin July/August 2019

John Cayce TCBA President 2019-2020

Steve Laird

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President’s Page

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“You Can Make a Difference”

hank you for the privilege of serving as the 115th President of the Tarrant County Bar Association. I consider this a pinnacle of service to our profession, and I promise to honor the tradition of excellence in leadership and hard work set by previous Associaby JOHN CAYCE tion presidents, including our immediate past-president, Lance Evans. I am proud to be following in Lance’s footsteps.

I am also grateful to my former law partners and past presidents Kleber Miller and Justice Anne Gardner for the inspiration they gave me early in my career to serve in this capacity. Kleber and Anne exemplify the finest of our profession and their example has motivated generations of lawyers to be the very best they can be.

Some of you may remember that Kleber and Anne graciously agreed to give up their New Year’s Day holiday in 1995 to participate in my oath ceremony as Chief Justice of the Second Court of Appeals. That was a very special day for me and my family and the fulfillment of a dream that began when I served as a briefing attorney for the Texas Supreme Court. During my clerkship, I had the unique opportunity to work closely and develop lasting friendships with three iconic justices—Jack Pope, Joe Greenhill, and Charles Barrow. Each of these men had an enormous influence on me as a young lawyer and later as a judge. And you can imagine what a delight it has been for me to work with another member of the Greenhill family, also named “Joe,” nearly forty years later at the Kelly Hart law firm.

Like most of you, I believe that the service we provide to society as lawyers and judges is an exceedingly high calling. When I asked past president John Allen Chalk why he left the ministry to become a lawyer, his reply was: “To answer a higher calling!” This is why it is my intention in the coming year that we spend some time considering what core values are important to the future of our profession and worthy of protection, with a special emphasis on judicial independence. I trust we all agree that a core value of our profession includes an independent court system, accessible to all, that consists of fair and impartial judges who rule based on the facts and the rule of law, not political ideology or popularity. But recent events summon us to be more vigilant in safeguarding this ideal. Last year’s confirmation fight over the newest justice on the U.S.

Supreme Court ranks as the most bitter partisan hearing of our generation. More recently, a nominee for a federal district bench in Michigan withdrew his nomination after being vigorously opposed by members of his own party because he advocated for a client. These experiences only serve to further erode the public’s trust and confidence in our courts and discourage talented lawyers from seeking judicial office. I hope we will all work within our sphere of influence this year to educate others about the importance of an independent judiciary.

To that end, we have an exciting line up of luncheon speakers to remind us of the virtues of judicial independence and its historical challenges. Please stay tuned for future membership luncheon announcements.

I also plan to emphasize diversity and the continued enhancement of member benefits. As lawyers, we have a special obligation to lead our community in resisting discrimination and bigotry. While substantial progress has been made in this area, we can do more to level the playing field for our fellow lawyers. As my partner and past president David Keltner noted: “Lawyers serve the citizens of Texas best when [their] ranks mirror the gender and racial make-up of the population.” David is right. We must not lose sight of the goal to facilitate the increasing presence of lawyers within our profession who reflect the demographics of our community.

As for member benefits, with the assistance of our outstanding staff led by Executive Director Megan Cooley, the Board and I will endeavor to continue the work of previous boards in advancing ways to improve the personal and professional lives of our members. Those initiatives include upgrading the membership database and website so that TCBA members can more easily process their dues and register for Bar events, exchange information helpful to their practice, and access an enhanced member directory.

Finally, one of the rewards of being president is the privilege of working with so many dedicated and respected lawyers who sit on the Board of Directors. This year’s Board is able, diverse, and committed to the mission of the Association. It will be an honor to serve with them.

One of President Kennedy’s timeless quotes is, “[o]ne person can make a difference and everyone should try.” The Association’s legacy remains vibrant and strong because of the hundreds of volunteers who devote their time and energy working on numerous committees and pro bono projects. We are deeply grateful for those volunteers, and I hope to encourage more of you to try to do the same this year. You can make a difference! g

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Contents Features

Save the Date

September & November CLE Membership Luncheons

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3 CLE Membership Luncheon 12 Save the Date: TCBF “Justice for All” Gala

16 News From The State Bar of Texas Annual Meeting

Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org

2019–2020 Officers President................................................John Cayce President-Elect...................................Gary Medlin Vice President...............................Kimberly Naylor Secretary-Treasurer..................Karen Denney

Live to Give Annual Blood Drive Winners

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Directors Term Ends 2020

Departments

1 President’s Page 3 Membership Report 4 YLA Snapshot 5 Calendar of Events 6 100 Club 7 Tarrant County Volunteer Attorney Services 7 Lawyer Referral & Information Service News 8 Vendor List 10 Snippets 15 Benefits of Membership 17 Wellness Connections Committee 18 Lawyers on the Move & in the News 20 Other Associations’ News & Information 20 A Word From Our Sections 22 Judicial Profile - Judge Jerome Hennigan 25 Texas Lawyers for Texas Veterans 26 CLE Corner 27 In Memoriam 28 It’s All Happening Around the Bar Advertisers' Index

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Autumn Ridge Counseling and Wellness.......................3 Deborah Adame...........................................................7 Dispute Resolution Services.......................................26 Edward Jones.............................................................20 Juris Fabrilis.................................................Back Cover Law Offices of Steven C. Laird, P.C.......Inside Front Cover LawPay....................................................................23 Parker Law Firm.........................................................14 RE/MAX Associates of Arlington...............................21 Texas Lawyers’ Insurance Exchange............................16 Tindall Square Office Complex....................................26 2 www.tarrantbar.org JULY/AUGUST 2019

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Director.........................................Cody Cofer Director.................................Veronica C. Law Director..............................................Lu Pham

Term Ends 2021

Director..............................Sherry Armstrong Director.............................Katherine Hopkins Director......................................Scott Lindsey

2019–2020 Appointed Directors Appointed Director..........................Sue Allen Appointed Director......................David Cook Tarrant County Young Lawyers Association Fall 2018 President...............................Rob Henry Fall 2019 President....................Martin Garcia

Immediate Past President..................Lance Evans Executive Director..........................Megan Cooley Ex-Officio Members State Bar of Texas Director........................................Steve Naylor Director................................Jason C.N. Smith Bar Bulletin Editor..............................................John F. Murphy 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.

Membership Report

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appy July! TCBA is thrilled to start a new bar year and look forward to another great year. Thanks to many of you who have already renewed your membership dues. Renewal invoices were sent out to all members during the first week of May. If you have not received your invoice, please check your spam folder. If you cannot find your invoice, please feel free to contact the Bar office to get a copy of your dues renewal form. Renew now to avoid missing out on our upcoming events! We look forward to another great year with new CLE, events and programs, as well as the established programs and events you enjoy each year.

TCBA members will continue to enjoy unique networking events this bar year, as well as opportunities for free CLE, including the Transition to Practice’s Courthouse Close Up and the Membership Committee’s Protecting Your License CLE series.

TCBA’s sections and committees are also planning for the upcoming year. It’s the perfect time to get involved with an event, community project, or other TCBA initiative. Fill out the form on TCBA’s website https://tarrantbar.org/membership/committee-volunteer-form, and we can connect you with the section or committee.

As always, thank you for your continued support of the Tarrant County Bar Association. We hope to see you at an event soon! g

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CLE Membership Luncheon Recognizing TCBA’s 2018–2019 Committee and Section Chairs

Tuesday July 9

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CITY CLUB

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11:30 AM–1:00 PM

“30 Benefits in 30 Short Minutes” GUEST SPEAKER: RANDY SORRELS

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S TAT E B A R O F T E XA S P R E S I D E N T, 2019–2020

he luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, July 9, 11:30 a.m. City Club is located at 301 Commerce Street (2nd floor) in downtown Fort Worth. Cost for lunch is $26 for members with reservations and $31 for guests and those without reservations. Dress is business casual – suit and tie not required.

To make reservations, please contact Sherry Jones at 817.338.4092 or sherry@tarrantbar.org. For directions to the location, please visit the City Club website at www. cityclubfw.com. g The presentation will be followed by the installation of the 2019–2020 Board of Directors.

JOIN A COMMITTEE TODAY! https://tarrantbar.org/membership/committee-volunteer-form JULY/AUGUST 2019

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YLA Snapshot Rob Henry, President TCYLA

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ummer’s Greetings from everyone with the Tarrant County Young Lawyers. We hope everyone has been having a great summer. Here is a little bit about what we’ve been up to the past couple months and some upcoming events.

On May 7, TCYLA was honored to participate in the Tarrant County Bar Association’s Law Day Ceremony.

Each year the TCYLA awards for Outstanding Young Lawyer and Outstanding Mentor are officially presented at the ceremony. Congratulations to Benson Varghese for being named Outstanding Young Lawyer of the Year and also congratulations to Wade Barrow for being named Outstanding Mentor of the Year. We couldn’t be more proud of this year’s award winners. Thanks again to the Tarrant County Bar for always allowing TCYLA to participate in the ceremony! It’s always such a special night.

The Texas Bar released the results of the February Bar Exam in May, and TCYLA was honored to take part in the Tarrant County Bar swearing-in ceremony. The ceremony took place at the Second Court of Appeals. Megan Cooley gave an inspiring speech about her passion for the profession and what it means to be a lawyer. Afterwards each justice on the Second Court of Appeals swore in a new Tarrant County attorney. Thank you to Chief Justice Sudderth and all the other justices on the Second Court of Appeals for allowing us to participate in such an awesome ceremony.

TCYLA Board Member Brian Singleterry continued

with his outstanding lineup of luncheon speakers. In May Fred Behning presented “Ethical Duties and Electronically Stored Information.” In June we had Chris Taylor speak on how county government works. Both were great presentation. Please be sure to mark your calendars for July 23, when we are looking forward to having Louis Stefanos give his presentation on “Probate Issues Every Young Lawyer Should Know.” Big thanks to Brian for all his great work.

Thanks to Adam Simmons and Shelby White for organizing our young professionals happy hours. Our May happy hour was at the Food Hall on Crockett Row. The venue was great. Thanks to all those that showed up and made it a great turn out.

TCYLA was honored to participate in two legal clinics with TVAS. On May 14, members participated in the TVAS uncontested divorce clinic at the Tarrant County Bar Office.

On May 30, TCYLA was able to help out with the “Heroes Will Clinic” at Texas A&M School of Law. Both clinics were huge successes. Thanks to all of those who showed up to help.

Just a reminder: Please be sure to renew your membership for the upcoming year. Also please be sure to keep an eye out for upcoming events. Lastly, we want to wish everybody a fun but more importantly safe July 4th holiday.

As always, if anybody has any thoughts or suggestions about TCYLA or is just trying to figure out how to get more involved, please feel free to contact me at 817.877.3303 robert@henrytexlaw.com. g

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Equify, LLC for sponsoring July’s Free Legal Advice Clinic For Veterans.

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Calendar of Events July 2019 4 Fourth of July Holiday Office Closed and closed at 12 pm on Friday, July 5, 2019 9 Membership Luncheon and Installation of New TCBA Board of Directors 11:30 am - 1:00 pm, City Club Guest Speaker: State Bar President Randy Sorrels 11 A Primer to Guardianship and its Alternatives 10:00 am - 4:00 pm, TCBA Office 5.25 Hour CLE requested, .75 ethics* 11 LegalLine 6:00 pm - 8:00 pm, TCBA Office 19 TLTV Clinic 2:00 pm - 5:00 pm, Eunice Activity Center 1000 Eunice Street, Arlington, TX 76010 25 LegalLine 6:00 pm - 8:00 pm, TCBA Office

August 2019 8 LegalLine 6:00 pm - 8:00 pm, TCBA Office 15 Construction Law Section Luncheon 12 pm, TCBA Office 16 TLTV Clinic 2:00 pm - 5:00 pm, Eunice Activity Center 1000 Eunice Street, Arlington, TX 76010 22 LegalLine 6:00 pm - 8:00 pm, TCBA Office

September 2019 4 TMCP Save the Date Reception 5:30 pm - 7:00 pm, Texas A&M University School of Law 12 CLE Membership Luncheon 11:45 am - 1:00 pm, City Club Speaker: Steve Luxenberg, author of Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation

Save the Date for TCBA’s Membership Events Holiday Party

Tuesday, December 10, 2019 5:00 p.m. - 7:00 p.m.

50 Year Attorney Luncheon Tuesday, February 11, 2020 11:30 a.m. - 1:30 p.m.

Women in the Law Luncheon Tuesday, February 25, 2020 11:00 a.m. - 1:00 p.m.

Bench Bar Conference XXVI

12 LegalLine 6:00 pm - 8:00 pm, TCBA Office 18 Business Litigation Section Luncheon 12 pm, City Club 20 Fort Worth Business & Estate Section Luncheon 10:30 am – Advanced Session 11:30 am – Lunch and Regular Session, City Club 20 TLTV Clinic 2:00 pm - 5:00 pm, TCC South Campus 5301 Campus Drive, Fort Worth, TX 76119 26 LegalLine 6:00 pm - 8:00 pm, TCBA Office 27 Brown Bag Seminar 12:30 pm - 3:45 pm, TCBA Office 3 hours CLE in Ethics

Sponsorship opportunities are available for all events. Please contact Megan Cooley at megan@tarrantbar.org for more information.

Horseshoe Bay Resort Friday, April 17, 2020 - Sunday, April 19, 2020 JULY/AUGUST 2019

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Members of the 2019–2020

100 Club

*List Reflected Below is as of July 8, 2019 Adams, Lynch & Loftin, P.C

McDonald Sanders, P.C.

Anderson & Riddle, LLP

Mellina & Larson, P.C.

Baker Monroe, PLLC

Moses, Palmer & Howell, LLP

Barlow Garsek & Simon, LLP

Murphy Mahon Keffler & Farrier, LLP

100 Club

City Attorney's Office - Fort Worth

Nelson Bumgardner Albritton, P.C.

Curnutt & Hafer, LLP

Noteboom Law Firm

Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Holland, Johns & Penny, LLP

Phelps Dunbar, LLP Sharen Wilson, Criminal District Attorney’s Office Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm

Hutchison & Stoy, PLLC

Udeshi Law Firm

Jackson Walker, LLP

Varghese Summersett, PLLC

K&L Gates

Watson, Caraway, Midkiff & Luningham, LLP

Kelly Hart

Whitaker Chalk Swindle & Schwartz, PLLC

KoonsFuller, P.C.

Wick Phillips

Linebarger Goggan Blair & Sampson, LLP

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 2019–2020 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 the TCBA at 817.338.4092. g

Tarrant County Volunteer Attorney Services

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VAS is always looking for opportunities to expand its positive impact on Tarrant County. The upcoming Guardianship CLE (held on July 11 at the TCBA Office), is the first step towards working with a new medical-legal partnership between MHMR of Tarrant County and Legal Aid of Northwest Texas (LANWT). The new medical-legal partnership (MLP) offices with MHMR. The goal is to make obtaining legal services through LANWT easier for low income MHMR clients.

TVAS will work with the new MLP to train and match pro bono attorneys to assist families with individuals with intellectual disabilities requiring a guardianship.

The MLP will identify the clients who need legal assistance attaining guardianship and TVAS will provide training to the attorneys to prepare them to petition for guardianship.

Together TVAS and the MLP will match the attorneys and clients.

If you are interested in participating in this new endeavor, please sign up for the Guardianship CLE on July 11 and email Melissa Sircar at melissa@tarrantbar.org. g Melissa Sircar Pro Bono Programs Director

Not Receiving TCBA Emails?

TCBA’s Upcoming Events email notices are sent to members every Monday. If you have not been receiving these emails, please contact Elizabeth Banda at elizabeth@tarrantbar.org.

Lawyer Referral &

Information Service

News

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o date, the Lawyer Referral & Information Service received over $135,000 of referral fees in the 2018–2019 bar year.

Please remember that if we did not receive your 2019–2020 renewal by July 1, 2019, you will no longer be receiving referrals.

A SPECIAL THANK YOU to our LRIS attorneys who make it all possible with their referral fees: Christopher Albert Anthony Cuesta Lori Dally Carter Hampton Bruce Mansfield James Miller

Patrick Murphy Kathlynn Pack David Pritchard David Robinson Sarah Seltzer Carey Thompson

Thinking about Joining? The LRIS is a great way to develop or supplement your client base. If you are interested in joining, you can download the 2019–2020 application at https://tarrantbar.org/membership/lawyer-referral-information-service/ or contact Carolina Ibarra at 817.338.4092 carolina@tarrantbar.org. g

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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 Document 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 - $11.00 adult, $8 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents.

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, so 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. Mention your

TCBA membership when scheduling an appointment to receive this discount on your invoice.

Thomson Reuters Exclusive TCBA offer of 10% off Firm Central subscriptions to Bar members* Please contact Amanda Olson, your local Account Executive, for more information at: Amanda.Olson@tr.com. g

The Tarrant County Law Library has started providing eBooks for the public and attorneys. Available eBooks include Texas materials, and some federal materials. Some of the most popular titles include the Texas Litigation Guide, Texas Transaction Guide, and Moore’s Federal Practice. To setup an account, please contact Cara Sitton at 817.884.3747. Individuals may also sign up while in the library.

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to the Law Office of Aleed J. Rivera, PLLC for sponsoring August’s Free Legal Advice Clinic For Veterans.

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TCBA Welcomes its 2019–2020 Officers & Directors

President

President-Elect

Vice President

Secretary-Treasurer

John Cayce Kelly Hart

Gary Medlin The Medlin Law Firm, PLLC

Kimberly Naylor Naylor & Naylor, P.L.L.C.

Karen Denney Haynes and Boone, LLP

Director (Term Ends 2021)

Director (Term Ends 2021)

Director (Term Ends 2020)

Law Office of Sherry R. Armstrong

Katherine Hopkins Kelly Hart

Director (Term Ends 2021)

Director (Term Ends 2020)

Director (Term Ends 2020)

Appointed Director

Appointed Director

TCYLA President (2018–2019)

TCYLA President (2019–2020)

Immediate Past-President

Executive Director

Sherry Armstrong

Veronica Chavez Law Brackett & Ellis, P.C.

Robert Henry Robert L. Henry Attorney at Law, PC

Lu Pham Dowell Pham Harrison LLP

Martin Garcia McAlister & Garcia

Scott Lindsey Gardner & Smith PLLC

Sue Allen Allen Law Firm

Cody Cofer Cofer Luster Law Firm, P.C.

Lance Evans Evans, Daniel, Moore, Evans, Biggs and Decker

JULY/AUGUST 2019

David Cook Harris Cook, L.L.P.

Megan Cooley Tarrant County Bar Association

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Snippets

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

Civil and Criminal

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB ABOUT FAMILY LAW Judge Bob, what is the Doctrine of Inception of Title?

Under the doctrine, the character of the property is generally determined not by the date of acquisition of final title, “but by the origin of title to the property.” That is, when the right to property accrues prior to marriage, the property is separate even though the property or legal title is not received until after the marriage.

Weed v. Frost Bank, 565 S.W.3d 397, 402 (Tex. App.—San Antonio 2018).

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) Moses

The voices in my head may not be real, but they have some good ideas.

DANES’ QUOTE OF THE MONTH The gift which I am sending you is called a dog and is in fact the most precious and valuable possession of Noah mankind.

—Theodorius Gaza, Canis Laudatio

CRIMINAL ITEMS OF INTEREST 1. Estoppel

Rights are usually forfeited by a failure to exercise them.

Failure to insist upon a right “by objection, request, motion, or some other behavior calculated to exercise the right in a manner comprehensible” to the trial judge results in the loss of the claim. The trial judge “has no duty to enforce forfeitable rights unless requested to do so. Accordingly, an important consequence of a party’s failure to petition enforcement of his forfeitable rights in the trial court is that no error attends failure to enforce them and none is presented for review on appeal.”

Hernandez v. State, 538 S.W.3d 619 (Tex. Crim. App. 2018).

2. Prior Convictions

To prove a defendant has a prior conviction, “the State must

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prove beyond a reasonable doubt that (1) a prior conviction exists, and (2) the defendant is linked to that conviction.”

“No specific document or mode of proof is required to prove these two elements.” “Any type of evidence, documentary or testimonial, might suffice,” as long as the document “contains sufficient information to establish both the existence of a prior conviction and the defendant’s identity as the person convicted.”

Fisk v. State, 538 S.W.3d 763 (Tex. App.—San Antonio 2017).

3. Constitutional Law

A statute is not constitutionally vague merely because the words or terms used are not specifically defined. Rather, “the words or phrase must be read in the context in which they are used,” and ordinarily the statute must then be construed according to the rules of grammar and common usage. A statute satisfies vagueness requirements if the statutory language “conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.”

Wagner v. State, 539 S.W.3d 298 (Tex. Crim. App. 2018).

4. Spoliation

Spoliation concerns the loss or destruction of evidence.

In the criminal context, when spoliation concerns potentially useful evidence, the defendant bears the burden of establishing that the State lost or destroyed the evidence in bad faith. The duty to preserve evidence is limited to evidence that possesses an exculpatory value that was apparent before the evidence was destroyed. A defendant must affirmatively show that the lost evidence was favorable and material to his defense.

Guzman v. State, 539 S.W.3d 394 (Tex. App.—Houston [1st Dist.] 2017).

5. Experts

To be admissible, expert testimony must “assist” the trier of fact. Expert testimony must aid, but not supplant, the jury’s decision. “Expert testimony does not assist the jury if it constitutes ‘a direct opinion on the truthfulness’ of a child complainant’s allegations.” “It is generally improper for a witness to offer a direct opinion as to the truthfulness of another witness and such opinion is therefore inadmissible evidence.”

Macias v. State, 539 S.W.3d 410 (Tex. App.—Houston [1st Dist.] 2017).

6. Jurors

The jurors are the exclusive judges of the facts and the weight to be given to the testimony. The jury, as the sole judges of

credibility, may accept one version of the facts and reject another, and it may reject any part of a witness’s testimony.

Barrientos v. State, 539 S.W.3d 482 (Tex. App.—Houston [1st Dist.] 2017).

7. Controlled Substances

A person commits the offense of possession with intent to deliver a controlled substance if she knowingly possesses a drug with the intent to deliver it. Possession is defined as “actual care, custody, control, or management.” To prove unlawful possession of a controlled substance, the State must show (1) that the accused exercised control, management, or care over the substance and (2) that the accused knew the matter possessed was contraband. The evidence must establish that the accused’s connection with the drugs is more than just her fortuitous proximity to someone else’s drugs.

Hughitt v. State, 535 S.W.3d 531 (Tex. App.—Eastland 2018).

CIVIL ITEMS OF INTEREST 1. Fraud by nondisclosure

Fraud by nondisclosure is a subcategory of fraud. The elements require (1) a deliberate failure to disclose a material fact, (2) by one who had a duty to disclose such facts, (3) to another who was ignorant of the facts and did not have an equal opportunity to discover them, (4) with the intent the listener act or refrain from acting, and (5) the listener relies on the nondisclosure resulting in injury.

Bombardier Aerospace v. SPEP Aircraft., 565 S.W.3d 280, 288 (Tex. App.—Dallas 2017).

2. Parol Evidence Rule

The parol evidence rule precludes consideration of extrinsic evidence to contradict, vary, or add to the terms of an unambiguous written agreement, absent fraud, accident, or mistake. The general rule is that evidence admitted in violation of the parol evidence rule, whether objected to or not, is incompetent and without probative force to support any finding.

Bombardier Aerospace v. SPEP Aircraft., 565 S.W.3d 280, 301 (Tex. App.—Dallas 2017).

3. Summary Judgment

Evidence offered in support of or in opposition to a summary judgment motion must be in admissible form to constitute competent summary judgment evidence. In addition, there is no difference between the standards for evidence that would be admissible in a summary judgment proceeding and those applicable at a regular trial.

Greeheyco, Inc. v. Brown, 565 S.W.3d 309, 316 (Tex. App.— Eastland 2018).

4. Oil and Gas

Actual drilling is not necessary in order to comply with an obligation to commence operations for drilling as required by contractual provisions in many oil and gas leases and joint operating agreements. Preparatory activities such as building access roads to the drill site, moving tools and

equipment onto the drill site, providing a water supply, and similar activities are usually sufficient if they are performed with the bona fide intention to proceed with diligence to the completion of the well.

Greeheyco, Inc. v. Brown, 565 S.W.3d 309, 325 (Tex. App.— Eastland 2018).

5. Trade Secrets

“Trade secret” is “any formula, pattern, device or compilation of information which is used in one’s business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.” Trade secrets may include customer lists, customer contact information, pricing information, and market strategies.

Kana Energy v. Jiangsu Jinshi Mach., 565 S.W.3d 347, 355 (Tex. App.—Houston [14th Dist.] 2018).

6. Answer

Logically, in order to find that a defendant has answered a lawsuit, there must be (1) a writing containing sufficient information to constitute an answer and (2) proof that the defendant—or someone authorized to act on behalf of the defendant—presented the writing to the district clerk for filing in the clerk’s record. It is both the content of the document and the act of filing the document with the district clerk that constitutes an answer.

In re T.M.E., 565 S.W.3d 383, 388 (Tex. App.—Texarkana 2018).

7. Equitable Contribution

A co-obligor who discharges more than his share of the common obligation may seek equitable contribution from his co-obligors. The elements of a claim for equitable contribution are that (a) the plaintiff and the defendant share a common obligation or burden, and (b) the plaintiff “has made a compulsory payment or other discharge of more than its fair share of the common obligation or burden.”

Orr v. Broussard, 565 S.W.3d 415, 420 (Tex. App.—Houston [1st Dist.] 2018).

LEGAL QUOTE OF THE MONTH

A nation may be said to consist of its territory, its people, and its laws. The territory is the only part which is of certain durability.

—Abraham Lincoln

OLD NEWS

The Fire of 1909 On April 5, 1909, a disastrous fire swept the south side of Fort Worth, the largest conflagration in the city’s history.

Hundreds of buildings and more than 200 houses were destroyed, leaving thousands homeless. Broadway Baptist Church, Broadway Presbyterian Church, and the Texas and Pacific roundhouse were among the buildings lost. The flames burned down every structure in a 32-square-block area. J.J. Nowlin was the only fatality, but several dozen were injured. Property loss was set at $2.5 million. g

JULY/AUGUST 2019

▪ TCBA BULLETIN 11

For sponsorship opportunities, please contact Megan Cooley at megan@tarrantbar.org for more information.

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Call Me: O: 817.438.2600 C: 817.925.2272

BENEFITS OF MEMBERSHIP The 2019–2020 TCBA Bar Year has begun!

The Tarrant County Bar Association is comprised of over 2600 members and offers the best way to connect with the legal community in Tarrant County.

Membership benefits include: • • • • • •

Free and reduced cost CLE events offered through the TCBA's 18 substantive law sections, Brown Bag CLE pass, and other CLE events. In addition, TCBA offers many of its CLE events online at a discounted rate for its members.

Exclusive networking events, including Docket Calls, Breakfast with the Judiciary, Women in the Law Luncheon, and the annual Bench Bar Conference.

Professional development and law practice management programs, including free Transition to Practice seminars, technology classes, and mentorship opportunities.

Access to discounts and free professional services, including free document shredding, a discount for Lawyer Referral & Information Services (LRIS) membership, and discounts on meeting space rentals at the TCBA. A subscription to the Bar Bulletin, the TCBA’s bi-monthly magazine, and weekly emails detailing news and events in the Tarrant County legal community.

Opportunities for community service at annual 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 Veterans- Tarrant County Chapter (TLTV).

We thank you for your continued support of our organization. If you have not renewed for the 2019–2020 bar year, please contact the bar office at 817.338.4092.

News From The State Bar of Texas Annual Meeting

T

he State Bar of Texas held its Annual Meeting on June 13-14 in Austin. The following Tarrant County Bar Association members were involved with the Annual Meeting: Bobbie Edmonds, The Law Offices of Bobbie Edmonds, received the Nancy L. Garms Memorial Award. The award recognizes outstanding dedication to the advancement of local political and legal education.

Christian Dennie, Barlow, Garsek & Simon, LLP, spoke to the Entertainment and Sports Law Section on “Austin FC – the Inception of an MLS Franchise.”

Randy Turner, Law Offices of Randall E. Turner, PLLC, spoke to the Animal Law Section on “Service and Emotional Support Animals.”

Texas Lawyers for Texas Veterans - Tarrant County Chapter was selected to receive the 2019 Pro Bono Award.

This award honors a volunteer attorney organization that has made an outstanding contribution toward guaranteeing access to the legal system by the poor.

TLTV was recognized with the Texas State Bar Pro Bono Award for the growth the program experience. The number of veterans served increased by more than 20% and the number of veterans receiving extend services almost tripled. The increase in veterans served was made possible by the commensurate growth in the number of attorneys, paralegals, and law students that volunteered to make the program a success. A huge congratulations and thank you to all who contributed!

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The Tarrant County Bar Association was selected to receive the Stars of Texas Bars Award for Best Overall Newsletter and recognized at the Bar Leaders Recognition Luncheon. g

W e l l ne s s C on n e ct i o n s Co m m i t t e e

Lawyers, Helpers, and Dreamers

By Joseph Horn, Chair, Wellness Connections Committee

E

ach cell in our bodies is an independent, intelligent organism. Yet it somehow agrees to act as part of a community of billions of cells, forming tissues, organs, and our body. Analogizing that to ourselves, our colleagues, and our community, we each have an important role in each other’s success as well as the success of our community on both a local and global level.

Most of us went to law school with dreams of serving the community, righting an injustice, fighting for a noble cause, or simply preventing others from suffering a particular fate.

After law school, our life paths often veered from those dreams to a different meaning of success. Still, we continue to try helping our clients, colleagues, and community.

As we go about fixing problems, we often make a huge impact on people’s lives. In this regard, we share much in common with first responders, physicians, and military personnel, who defend the defenseless, heal the ill, and fight for peace. Altogether, we are the ones that society looks to for answers: We are the rescuers.

The challenge is that over time, this can make us transactional in both our professional and personal lives.

We help, we fix, and we move on. But, where do we—the helpers—go when we need help? While the national number for suicide is a small fraction of a percent, surprisingly 4% of all doctors die from suicide, followed closely by veterans, first-responders, and lawyers. What is happening to these pillars of society?

The common denominator may be that when we are in a situational challenge (financial crisis, failing marriage, or simply a loss of purpose), many of us simply do not know how to reach out for help. Where to go? Whom to call?

Even when we attempt to reach out, it seems that no one understands what we are going through.

And then there is the perceived risk of judgment, loss of reputation, and public ridicule. For some, death may become an option, a way out. All of us—first-responders, physicians, veterans, and lawyers—spend our days helping others, so we implicitly know the value of seeking help. But, ironically, when it comes time to seek help for ourselves, we struggle to overcome the stigma that asking for help means that we are somehow weak.

Sometimes, it is the very traits that make us successful that can cause us angst. Last year law was rated the loneliest profession in the U.S., and in particular the subset of solo

and small firm attorneys. Further, lawyers ranked lowest in terms of sociability. How can that be? Yes, we socialize, but we keep boundaries to maintain objectivity and to size up a legal matter. We may often talk about things, but not about us, our inner challenges, and our feelings.

We sacrifice not only personal relationships and a good night’s sleep for our clients, but our very lives. Burnout, congestive heart failure, obesity, alcoholism, and selfmedication are common among our colleagues. It is easy to fall into. Law is a jealous and demanding partner.

So, what is the solution? Self-care. Self-compassion.

Indeed, remembering to care for ourselves holistically— mentally, emotionally, physically, and spiritually. Others are seeking solutions too. Stress management is now one of the more popular courses in many colleges. Indeed, it may be the most important class anyone can take. As for me, I know I need to build deeper connections with my colleagues.

After all, who will understand me more than a colleague?

Resources for You:

The Solo and Small Firm Section will soon launch the PEER Leadership Groups, which have been almost two years in development, and which will put a cross-section of lawyers together as an informal advisory board, supporting each other’s personal and professional success.

Another great benefit is the Wellness Connections Committee, which was established this past year to help focus on enhancing resilience, empowerment, work-life balance, mental acuity, and financial success. With support from current and past TCBA presidents, as well as other leaders, we achieved important milestones— a Tarrant County Lawyer’s Pledge, Ambassadors Program, meditation/cognitive focus circle, among others. The Committee will start a new year with new leadership.

We hope that you join one of these groups and help make a difference in our legal community. If you have any questions about joining PEER, please contact Joseph@Horn.

Solutions / 817.688.3132. g https://www.tlaphelps.org/ Call 1.800.343.8527 (TLAP) • • •

Wellness Stress & Anxiety Depression & Bipolar

• • •

JULY/AUGUST 2019

Suicide Prevention Substance Abuse Cognitive Decline

▪ TCBA BULLETIN 17

Welcome New Members of the TCBA:

Lawyers on the Move &

ATTORNEYS

Alexis Allen Bryan Assink Nick Buratto Brian T. Burkhardt Nena J. Chima-Tetteh Elke Daniel Michael R. Davies Ross E. Eichberg Caroline K. Featherstone Elizabeth Feeney Michael Hupf Gail A. Lane James Lang Jessica Lavely Christopher M. McDowell Katharine Pothier Malathi Ravi Colby Rideout Tate Roush Andrew B. Russell Philip W. Spencer Rebecca M. Vasquez Laura Warrick John Wilson Melissa Winblood Kyle Wortham

STUDENTS

Samantha Brown Marit Olson Buesing Daniel Caldwell Chakia Guevara Samantha Jorden Sara Keller Mcakenzie Redman

ASSOCIATES

Lisa Alexander Amber Baylor William Byrnes Irene Calboli Vanessa Casado Perez Guillermo Garcia Randy Gordon Malikah Hall William Henning Sid Johnston Charlotte Ku Brian Larson Glynn Lunney William Magnuson Milan Markovic Fatma Marouf Thomas Mitchell Felix Morman Angela Morrison Sri Tirunelveli Ragavan Aaron Retteen Lisa Rich Kristen Rowlett Jeff Schmeltekopf Dana S. Sears Bryan Smith Joan Stringfellow Saurabh Vishnubhakat Nancy Welsh Peter Yu

18 www.tarrantbar.org

Roland K. Johnson of Harris, Finley & Bogle, P.C., received the Lola Wright Foundation Award at the Texas Bar Foundation Annual Dinner. The award honors an attorney who exemplifies the highest standards of professional ethics. This award is presented in recognition for outstanding public service in advancing and enhancing legal ethics in Texas.

Kelly Hart is pleased to announce that James E. McClain has joined the firm’s Fort Worth office. Mr. McClain represents a variety of multi-national corporate clients in complex business transactions often involving significant domestic, international, and cross-border tax issues including structuring inbound and outbound investments, branch profits tax, transfer pricing, earnings-stripping, tax withholding, and tax treaties. McClain earned his Master of Laws from New York University School of Law in 1992 and received his J.D. from Southern Methodist University School of Law in 1977. McClain earned both his MBA and his BBA from the University of Arkansas and is licensed to practice law in Arkansas and Texas.

Jackson Walker is pleased to announce the addition of Joseph P. Regan and Adam L. Plumbley to the Chambers USA-ranked Trial & Appellate Litigation practice in Fort Worth.

Leveraging his previous commercial litigation experience involving real estate and finance, Joseph P. Regan practices energy litigation with a concentration in eminent domain and related matters.

Joe regularly serves as counsel for midstream energy clients and other condemning authorities in matters related

▪ JULY/AUGUST 2019

in the News

to real property rights acquisitions, easement negotiations, and condemnation proceedings and trials. He has spoken and written on a range of industry topics, including condemnation and eminent domain, general litigation, and issues impacting the energy industry and financial services institutions. Joe received his B.A., summa cum laude, from The University of Texas at Arlington and his J.D. from SMU Dedman School of Law, where he served as Casenote Editor of the Computer Law Review and Technology Journal and was President of the Student Bar Association. Upon graduating law school, he served as a briefing attorney for Justice Douglas S. Lang of the Fifth District Court of Appeals in Dallas.

Adam L. Plumbley represents oil and gas producers, utilities, common carriers, and midstream companies in all aspects of energy litigation, condemnation and eminent domain, and real property disputes. He also handles a variety of general commercial litigation, including product liability and financial services. Adam received his J.D., cum laude, from Texas Wesleyan University School of Law (Texas A&M University School of Law), where he served as Editor-in-Chief of the Law Review. Prior to law school, he received his B.A., magna cum laude, from Texas Christian University. In addition to his practice, he is a member of the Tarrant County Bar Association and the Eldon B. Mahon American Inn of Court. Previously, he volunteered his time with the Board of Directors of the Ladder Alliance and the March of Dimes Fort Worth Division.

Chris Nickelson was elected Chair of the Family Law Section of the State Bar of Texas at the Section’s annual meeting in Galveston, Texas in April, 2019. Chris will serve during the upcoming Bar year ending in 2020. Chris, a 20 year attorney, is Board Certified in Civil Appellate Law and practices Family Law as

well. He is also currently serving on the District 7a Grievance Committee for the State Bar Of Texas.

Brackett & Ellis is pleased to announce the addition of new associate, Michael P. Hupf. Mr. Hupf received his Juris Doctorate from University of Nebraska College of Law and earned his B.S. from the University of Nebraska Omaha. Michael practices primarily in the areas of general litigation and insurance defense.

Julie K. Camacho, of Camacho Law Firm, PLLC in Fort Worth, is now the 1st Vice President of the District 2-E2 Lions Organ and Eye Bank Board of Directors.

Patrick Z. Smith, previously with Capital Title of Texas, LLC in Plano, is now an Associate Attorney with Camacho Law Firm, PLLC, 2525 Ridgmar Blvd., Ste. 150, Fort Worth, TX 76116.

Harris Cook, LLP is pleased to announce the hire of four attorneys to the team. Rachel L. Wright, Honorable Lin Morrisett, and Garrett T. Reece have joined the firm and will be practicing out of the firm’s (top left) Garrett T. Reece, Rachel L. Wright, David L. Cook, Lin Morissett Arlington Office.

Additionally, Patrick L. Dooley will be practicing out of the firm’s Mansfield office.

(bottom left) David L. Cook (Managing Partner) and (right) Patrick L. Dooley are in the Mansfield Firm

Rachel L. Wright will serve as the Managing Attorney for the firm’s Arlington office and will be working in the firm’s Personal Injury and Civil Litigation practice groups. Rachel received her Doctor of Jurisprudence from the Southern Methodist University Dedman School of Law in 2007; her Bachelor of Arts in Political Science, magna cum laude, and Master of Arts in Political Science, with distinction, from the University of Texas at Arlington.

The Honorable Lin Morrisett, former Associate Judge in Tarrant County Probate Court No. 2, will head up the Firms’ Probate and Estate Planning practice group. Lin

received his Doctor of Jurisprudence, magna cum laude, from Texas Wesleyan University School of Law and his Bachelor of Arts in Government in 1994, magna cum laude, from the University of Texas.

Garrett T. Reece, formerly of Hill Gilstrap, P.C., has also joined the Arlington office, where he will be working in the firm’s Business Law and Employment Law Practice groups.

Garrett received his Doctor of Jurisprudence from St. Mary’s University School of Law in 2006 and his Bachelor of Science in Political Science from Texas A&M University.

Patrick L. Dooley, has rejoined the Firm and will be working in the firm’s Mansfield office where he will focus on the firm’s Family Law and Business Law practice groups.

Patrick received his Doctor of Jurisprudence from the University of Oklahoma in 1997 and his Bachelor of Arts and Science in 1994.

HARRISON t STECK, P.C. has named D. Luke McMahan and Stephanie Harrison shareholders in its downtown Fort Worth Practice.

Gene Rollins, Legal Aid of NorthWest Texas, was honored for his work performed on behalf of clients of Legal Aid of NorthWest Texas, most of whom are survivors of domestic violence. Gene received his award at the Texas Access to Justice Commission’s annual Champions of Justice Gala Benefiting Veterans in Austin. The “Boots The award was presented to Gene by Texas Supreme Court Justices Eva on the Ground” award Guzman and Brett Busby. is presented to a legal services program attorney “who is an exemplary advocate and who gives selflessly of his or her time and talent to provide legal help to those who have no voice.”

Selzer & Dally, PLLC is pleased to announce its new offices located at 6777 Camp Bowie Blvd., Ste. 340, Fort Worth, TX 76116. g

If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you.

Please submit information by email to elizabeth@tarrantbar.org.

JULY/AUGUST 2019

▪ TCBA BULLETIN 19

Other Associations’ News & Information Arlington Bar Association

Meets on the 3rd Wednesday of each month. President, Jonathan Heeps. For location & information, email arlingtonbarassociation@ yahoo.com or call 682.738.6415.

Arlington Young Lawyers Association

For meetings and information, contact President Jane Fowler at 817.560.1878 or jane@janefowlerlaw.com.

Black Women Lawyers Association

For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net.

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 Bethel T. Zehaie at 817.303.2161.

MABA (Mexican American Bar Association)

Meets on the last Thursday of each month with location to be announced. 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 Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.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 Rose Anna Salinas at 817.624.9733 or roseannasalinas@aol.com.

Tarrant County Family Law Bar Association

Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller PC at 817.481.2710 or dana@koonsfuller.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 Jeffrey N. Myers at 817.877.1088 or jmyers@bwwlaw.com.

Tarrant County Trial Lawyers Association

Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mike Freden at 817.726.1636.

Tarrant County Young Lawyers Association

The 2019–2020 TCYLA year will begin September 1, 2019. If you need an application or meeting information, call 817.338.4092, email lauren@tarrantbar.org, or go to the website at tcyla.org.

Texas Association of Defense Council

Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis of McDonald Sanders at 817.336.8651 for more information.

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▪ JULY/AUGUST 2019

. . . And now a Word From Our Sections

I

t’s that time again – time to renew your dues and join the sections. Below is a list of our section and their separate dues amounts. Please consider joining any section that might apply to you. Sections meet at various times, often getting CLE credit, and it’s one more way to network. g Alternative Dispute Resolution Appellate Law Bankruptcy Law Business Litigation Collaborative Law Construction Law Corporate Counsel Criminal Law Energy Law Environmental Law Fort Worth Business & Estate Intellectual Property Law International & Immigration Law Labor & Employment Law Real Estate Law Solo & Small Firms Section Tax & Estate Planning Women Attorneys

$25 $25 $50 $30 $20 $30 $20 $15 $25 $15 $45 $25 $20 $20 $15 $20 $35 $30

Sherry Jones Associate Executive Director

RE/MAX Associates of Arlington

4105 S. Bowen Rd. Arlington, Texas 76016 Cell 214.728.7286 | Office 817.276.5169 danasearstexasrealestate.com | danasears@remax.net As your RE/MAX professional REALTOR速, my focus is client service, satisfaction, and representation for your real estate needs. I have many years of experience within the home industry that speaks volumes when negotiating and walking my clients through each step from start to finish. My fiduciary duties are numerous; however, I will perform all of the intermediary functions between the divorcing homeowners that directly involve the marital residential property(s). Often divorce is not an amicable arrangement; the full picture most likely is forgotten when the parties are battling to be the right fighter. My mission and focus for both parties are to be a neutral representative, always safe-keeping their best interests above all others. Ultimately, our shared goals are educating the parties the importance of Protecting Their Credit Score and Protecting Their Ability for Future Home Ownership.

I will personally walk the House Spouse through each step to ensure that we stay on track to either refinance or list the property(s), should that decision be in the best interests of all parties. My service is NOT about how many listings I can obtain. First and foremost, it is about maintaining current homeownership and future homeownership for both parties and their family. I have partnered with a group of local lenders; they have their professional team in place to include their in-house underwriters. The team will efficiently work through the pre-approval process to determine if the House Spouse is eligible to refinance a new VA, Conventional, or FHA home loan for the subject property in addition to other qualifying programs that may be available. My fiduciary duty is then to determine market value before the lender appraisal and also work through the negotiated repair amendments, to include lender and insurance required repairs between the House Spouse and the Out Spouse.

Should the property(s) be listed, I will represent the property owner(s), perform only my fiduciary duties as a Texas licensed real estate agent, prepare all TREC documents, to include marketing the subject property. I will ensure that we are at the closing table and will meet all deadlines to the absolute best of my abilities.

Accomplishments and Memberships } Texas Licensed REALTOR速 } Associate Member Tarrant County Bar Association } Member of the Arlington Board of REALTORS速 } Member of the National Association of REALTORS速 } RCS-D Real Estate Collaboration Specialist - Divorce Areas of specialization } House Spouse / Out Spouse } Sellers } Buyers } New Construction } Relocation The most excellent compliment you can give to me is a referral to your colleagues, business associates, and friends. *some restrictions apply, each office is independently owned and operated

Judicial Profile

By Perry Cockerell

Judge Jerome Hennigan

J

erome S. Hennigan has served for thirteen years on the bench as District Judge, 324th Judicial District.

The family-court judge was born in San Angelo, Texas, and grew up in Odessa with his three younger brothers.

His parents are Harvey and Frances Hennigan, who were school-teachers. His mothJudge Hennigan performs an adoption at the court. Children er is 100 years old and still are not to be brought to the drives. court except for adoptions.

“I had a pretty normal childhood. Nothing special. I lived in various places in West Texas until we moved to Odessa, where I graduated from high school.”

Hennigan graduated from Permian High School in 1965 and soon left for the University of Houston and later Texas Tech University, where he majored in history and received his Bachelor of Arts degree in 1970. He remained in Lubbock for three more years after being accepted into law school there.

He was in the third graduating class of Texas Tech School of Law when he graduated in 1973. “I was a member of the first class in the current law school building.”

After law school, the future judge moved to Fort Worth to take a position with the City Attorney’s Office. This experience motivated him to serve as Municipal Judge, which he did from 1974 to 1976.

Then he chose to move into private practice. He worked for Murad & Steimel from 1976 to 1978. In 1978 he began his solo practice with his first office in the Oil and Gas Building in downtown Fort Worth. Two years later, in 1980, he moved to Arlington to set up his office. Still living in Fort Worth, he commuted to his Arlington office.

In 1980 he married his wife, Kim, at Arlington Heights United Methodist Church in Fort Worth.

In 1983 his family moved to Arlington, where he practiced law as a solo practitioner for the next nineteen years. “I had a general practice including family law, personal injury, criminal law, and other areas of practice. For instance, I represented an owner of multiple apartment complexes in Arlington and Houston for several years as well as many corporate and business clients.”

Judicial career

His judicial career as a family court judge began in 2002 when then 324th District Judge Brian Carper appointed

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▪ JULY/AUGUST 2019

him as associate judge of the court. In early 2005, Judge Carper decided that he would retire in 2006. Hennigan decided to make a run for the district bench, and this set up a contested Republican primary race between Hennigan, Paul Enlow, and John White. Hennigan won the run-off in the Republican primary against Enlow. After the run-off election, Governor Rick Perry appointed him to serve Judge Carper’s remaining term, and Hennigan began serving as District Judge in June 2006. He faced no opposition in the general election in the fall of 2006, and he has never faced opposition since.

Life in the 324th District Court

The 324th District Court is located on the fourth floor of the Tarrant County Family Law Center at 200 East Weatherford in downtown Fort Worth. The Judge is assisted

by Associate Judge Beth Poulos, court coordinator Priscilla Poynor, court reporter Jennifer Hunter, and Bailiffs David Brock and Mina Leal.

Associate Judge Beth Poulos was appointed soon after Judge Hennigan took the bench. “She has been the only Associate Judge in this Court since I have been here. We have worked well together in my opinion. We have always operated on the premise that she would make the call as she sees it. If—whether in a de novo hearing or a final trial—I decide a different call should be made, then I make it. As you well know, different evidence and different witnesses are presented between the early stages of a case when Judge Poulos hears it and the time when I might hear it.”

Judge Hennigan conducts uncontested and agreed matters involving attorneys beginning at 8:00 a.m. Monday through Friday. The matters do not have to be calendared, except for uncontested termination/adoptions must be scheduled before 4:00 p.m. the day before the hearing.

All prove ups of pro se parties are conducted at 8:15 a.m.

At 9:00 a.m. Monday through Friday the court hears final contested trials, de novo hearings, and other motions not referred to the associate judge.

To set a case for final trial a party must file a motion for pre-trial with a notice of hearing. Pre-trials are set on the Associate Judge’s docket. The associate judge will set the deadlines and trial date. A status conference is required at least 30 days prior to trial for any contested case in which each party is represented by an attorney.

If a party receives a dismissal notice, then it is the responsibility of the attorney to contact the court coordinator and walk through any motion to retain to secure an order to retain. If there is no contact with the court

coordinator, then the case will be dismissed. If a case is tried and a final decree has not been submitted, then the case will be placed on the dismissal docket.

During Judge Hennigan’s tenure on the bench, the Second Court of Appeals has affirmed the Court’s decisions in two notable opinions. In Aguilar v. Aguilar, 02-11-00370CV, 2012 WL 6632526, at *4 (Tex. App.—Fort Worth Dec. 21, 2012, no pet.), an appellant contended that the trial court’s protective order that excluded him from his former home due to family violence violated his Fourth Amendment rights. The court of appeals ruled that the family code section 85.022(b)(3) allows a trial court to prohibit a person who has been found to have committed family violence from going to or near the residence of the person protected by a protective order and that the appellant’s argument that he “feels his right to be secure at the address he is not permitted to go” was not sufficient to overcome the burden of showing that the alleged unconstitutional application of Family Code section 85.022(b)(3).

In the case of In re J.M.C., 2-09-292-CV, 2010 WL 2889671, at *4 (Tex. App.—Fort Worth July 22, 2010, no pet.), involving a paternity suit, the court of appeals affirmed Judge Hennigan’s decision not to grant retroactive child support or attorney’s fees.

Wisdom from the Judge

Judge Hennigan’s advice to young lawyers is that “you don’t know anything about the actual practice of law when you get out of law school.” He advises new family law

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attorneys to become involved in the Tarrant County Family Bar Association. “We have a family bar association that is inclusive and helpful. The Family Law Section book— The Family Lawyer’s Essential Tool Kit—is also very helpful. I want people to know their cases and to be prepared and to be ready to put on a good trial.”

It has been said that lawyers may fight like cats and dogs in the courtroom. “Sometimes lawyers believe they must fight like cats and dogs. It is, however, not appropriate to fight like cats and dogs. It is appropriate to be a strong advocate for your clients, but there is no reason to get involved with uncivil and inappropriate discourse and arguments. Family law cases are often heartbreaking as children have often been abused or neglected. Even if there is no actual abuse or neglect, children may be used as pawns with the parents using them as both a sword and a shield in an effort to hurt the other parent. Those cases are difficult enough without the lawyers being uncivil and noncooperative.”

Judge Hennigan served for many years on the Board of Regents of The Oakridge School and also served on the Advisory Board of Schola Cantorum. He also served as the Tarrant County Juvenile Board Chairman and is currently the Local Administrative Judge.

In his spare time, Judge Hennigan likes to play golf, read, and watch the Texas Rangers, but he “mostly enjoys being with his wife, children, and grandchildren.” Judge Hennigan and his wife have two children and four grandchildren. g

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JULY/AUGUST 2019

▪ TCBA BULLETIN 23

Tarrant County Volunteer Attorney Services

(“TVAS”)

A Primer to Guardianship and its Alternatives Thursday, July 11, 2019 | 10 a.m. to 4 p.m.

Tarrant County Bar Association 1315 Calhoun Street, Fort Worth, 76102

5.25 Hour CLE requested, .75 ethics* (This program will be recorded for showing throughout the year) 9:30 a.m. - 10:00 a.m.

Check In

10:00 a.m. - 10:30 a.m.

Guardianship Overview: A Review of Relevant Texas Estate Code Provisions Dana Zachry, Katthen & Benson

10:30 a.m. - 12:00 p.m. Evidentiary Standards in Guardianship, Less Restrictive Alternatives Barrie Allen, Probate Court 1 Court Investigator – Guardianship

Jeff Arnier, Probate Court 2 Court Investigator – Guardianship 12:00 p.m. - 12:30 p.m.

LUNCH

12:30 p.m. - 2:00 p.m.

Role of the Ad Litem – a Practical Walk Through Andrea Casanova, Law Office of Andrea Casanova 2:00 p.m. - 2:30 p.m.

Guardianship Monitoring, Ongoing Relationship with the Court, Restoration Bonnie Link, The Link Law Firm PLLC 2:30 p.m. - 2:45 p.m.

Supports and Services

2:45 p.m. - 3:00 p.m.

Medical Perspective on Guardianship Kendra Belfi M.D., Physician 3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:00 p.m.

Judges Panel Judge Chris Ponder, Probate Court 1

Judge Brooke Allen, Probate Court 2 4:00 p.m. - 5:00 p.m.

Social Hour with Fellow Attendees

*This CLE will meet the requirements for Guardianship Ad Litem Certification.

____$100.00 TCBA Member ____$150.00 Non-Member ____$12.00 Boxed Lunch Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817.338.4092 (Fax: 817.335.9238).

Name: ________________________________________________ Phone: ______________________ Firm: _________________________________________________ Fax: ________________________ Address: _____________________________________________________ Billing Zip: ____________ Method of Payment: ____Check ________Check Number ____MC ____Visa ____Am Ex Credit Card Number ______________________________________________ Expiration __________ Name on Card ___________________________________________________ Security Code_______

Texas Lawyers for Texas Veterans

Tarrant County Chapter

O

n May 30, 2019, Tarrant County Volunteer Attorney Services (TVAS) and Texas Lawyers for Texas Veterans—Tarrant County Chapter (TLTV) joined together with Texas A&M Law School (TAMU) and Legal Aid of Northwest Texas (LANWT) to hold a HEROES Wills Clinic for members of our veteran community. The clinic is a dedicated event for providing low income veterans with a will and end of life planning documents. By partnering together, the clinic can offer assistance to a larger pool of veterans. Eligible individuals include local veterans and the surviving spouses of deceased veterans who are at or below 400% of federal poverty guidelines. TLTV, TAMU, and LANWT have grants that limit income levels to 200% of federal poverty guidelines. By partnering with TVAS the HEROES Wills Clinic is able to include veterans up to 400% of guidelines—veterans, who may have a job, but still cannot afford an attorney for important end of life documents.

The clinic began at 3 pm on that Thursday but in true military fashion several of the clients showed up early. These clients were eager for the culmination of all of the phone calls and meetings that lead up to the documents which would grant some security for their loved ones and their property in the future. Altogether there were seven clients who were able to receive their wills that night. One TVAS client was injured but thanks to the kindness and dedication of her attorney, Candace Sandifer, was able to arrange to finish the will at a later date. No face or story was the same, and the atmosphere this night was not one of foreboding but rather a celebration of the life and legacy of each individual man and woman.

The clinic was held in the opened courtroom on the first floor of Texas A&M School of Law. The attorneys sat in the classroom section of the open room as they carefully went over the materials in a last minute check. The clients waited patiently in the gallery for their names to be called.

Attorney Lynn Rodriguez, who assisted two clients that night, would call across the large room for her client as if they were long-lost friends reuniting, creating an open and neighborly atmosphere. Smiles and laughter were prevalent in the room.

Volunteers and paralegals from the Fort Worth Paralegal Association waited in the jury box, keen to be helpful as a witness or notary and even as one TLTV Client told long stories of his life, the volunteers would earnestly listen, soaking in the wisdom and strength of this hero. Ms. Frieda Edward-King of Legal Aid of Northwest Texas was the clinic manager that night and in between making sure the clients felt welcomed and relaxed, organized the event and made sure everyone had something to do and were able to put their skills to good use. In the center of the room was

the welcome desk which also held a laptop and printing station so the volunteers and paralegals could make changes to the documents and make copies of the executed wills for the clients and attorneys.

This clinic was even more effective because the Tarrant County Clerk’s office set up onsite. For a small fee, veterans had the option to file their executed will with the Tarrant County Clerk’s office immediately. Several clients took this option and were appreciative of this added protection.

Clients who came in clearly uncomfortable or uncertain of what to expect, left with smiles on their faces from the assurance and confidence the attorneys who generously prepared the wills and end of life documents.

This night would not have happened without the time of the generous volunteer attorneys, paralegals, witnesses, and law students who participated. If you or the members of your office are interested in participating as an attorney, paralegal, notary, or witness, our next HEROES Wills Clinic will be on Thursday, November 7, 2019. Please contact Melissa Sircar at 817.546.4460. g Amanda Watts Pro Bono Programs Intern

Save the Date

CLE Membership Luncheons Thursday, September 12, 2019 11:45 a.m.–1:00 p.m. | City Club Registration begins at 11:30 a.m.

Speaker: Steve Luxenberg, author of Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation (A New York Times Editors’ Choice) Read more about “Separate” at https://www.npr. org/2019/02/25/697667616/separate-is-an-eye-openingjourney-through-some-of-americas-darkest-passages

Wednesday, November 13, 2019 11:45 a.m.–1:00 p.m. | City Club Registration begins at 11:30 a.m.

Speaker: Evan Thomas, author of First: Sandra Day O'Connor Read more about “First: Sandra Day O’Connor" at https:// www.nytimes.com/2019/03/18/books/review/evanthomas-first-sandra-day-oconnor.html

JULY/AUGUST 2019

▪ TCBA BULLETIN 25

CLE

Corner

Sherry Jones Associate Executive Director

W

elcome to the 2019–2020 Bar Year! We plan to have some good CLE for you throughout the year, so watch your emails, the TCBA website, Facebook, Instagram and the Bulletin for details. We still have the Brown Bag Season Pass which is $135 and is good for all the Brown Bag Seminars throughout the bar year. If you miss a live session, you can check out the DVD at a later date and still get the CLE credit. We will continue to provide a 3-hour Ethics program in September.

I hope to see you all at the CLE programs. It’s close, less expensive, and you can spend more time with your families when you get your CLE from your local bar association. g

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 $19.50 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 ■ 682.316.2072 dherring@rochester-group.com 500 East 4th Street, Suite 175 ■ Fort Worth, Texas 76102

Set t lement Week | Sept. 30, 2019 - Oct. 11, 2019

Mediators for DRS North Texas are exceptional problem solvers trained to work through the toughest layers of conflict. During Settlement Week, parties focus on crafting an enforceable MSA that is best for them while discussing and exploring settlement options with a qualified mediator.

Visit drsnorthtexas.org to request a case be included in Settlement Week.

mediation for the toughest legal disputes 26 www.tarrantbar.org

▪ JULY/AUGUST 2019

Case submission deadline 8/16/19

In

Memoriam

Albert Perez 1944–2019

A

lbert Perez, age 74, passed away peacefully on Thursday, May 2, 2019 surrounded by family. Albert was born October 20, 1944 to Alberto and Alicia Carranza Perez in Del Rio, Texas. He was a graduate of Del Rio High School. Albert went on to attend the University of Texas, where he met Irma Leticia Guerra; they married in 1967. He graduated from the College of Pharmacy in 1968.

Albert later received his J.D. degree from Texas Tech University School of Law in 1974 and had a successful career in criminal defense and personal injury law. He practiced in Lubbock for over a decade and then in Fort Worth until the time of his death. Professional affiliations include: Tarrant County Bar Association, Criminal Defense Bar, and Mexican American Bar Association. Albert and Irma are the proud parents of four children: Evalis and spouse Jesus

T

“Jay” Chapa; Marcela; Albert; and Monica and spouse Casey Matthews. Albert will be affectionately remembered by his eight grandchildren: Taylor, Mason, Emilia, Albert, Reese, Lia, Alex, and Adriana. He is also survived by five siblings: Leticia and spouse Joe Shafer; Norma and spouse Karl Stegman; Sylvia Perez; David Avalos; and Liza and the late Robert Ortega.

Albert’s loving and generous spirit continues to touch lives. It was his wish to donate his body to UNT Health Science Center Serenity Program to aid in the research of Pulmonary Fibrosis.

Memorial donations may be made to Texas Tech School of Law (donate.law.ttu.edu) or the Hispanic Women’s Network of Texas (Fort Worth chapter) Scholarship Fund, PO Box 1523, Fort Worth, TX 76101. g Published on Carrillo Funeral Homes website

hank you to everyone that participated in the blood drive on Thursday, May 2. Because of you, we provided 75 units of lifesaving blood! The awards were presented to the law firms and organizations as follows: • Large Firm: Kelly Hart • Mid-Size Firm: Harris, Finley & Bogle, P.C. • Small Firm: Lacy Malone Steppick Ryder & Menefee, PLLC • Large Organization: Tarrant County Family Law Bar Association • Small Organization: Tarrant County Jury Services

•

The raffle prizes were awarded as follows: • Amazon Gift Card Compliments of Dowell Pham Harrison LLP: Chris Brown • Wine Basket Compliments of Antonio Allen: Paige Stone • Massage Envy Gift Card compliments of Judge Don Cosby: Hilary Alvarado • 2 Starbucks Gift Cards ($25 each) compliments of Judge Don Cosby: Seth Burt and Paula Morales • Dinner Gift Card compliment of The Colaneri Firm: Tori Ford

•

• • • • •

• • •

$20 Starbucks Gift Card compliments of Jessica Sangsvang: Nancy Gordon Sundance Square Date Night for 2 compliments of Kelly Hart & Hallman LLP: Chris Troutt Dinner for 4 at Prince Lebanese Grill compliments of Dauphinot Law Firm: Brandon Hill Wine Basket compliments of Lori Spearman: Tawanna Cesare Rodan + Fields Skincare basket compliments of Lisa Arneson: Allison Porterfield Neiman Marcus Gift Card compliments of Tawanna Cesare: Andrea Casanova Pottery Barn Gift Card compliments of TCBA: Cherami Jenkins Cinemark Tickets and Concessions Gift Card compliments of TCBA: Joel Eckhardt, Jr. 2 Sets of AMC Tickets and Concessions compliments of TCBA: Amanda McNutt and Adrienne Johnson Hoffbrau Gift Card compliments of TCBA: Debbie Brown

Congratulations to all these winners, and thank you again! g

JULY/AUGUST 2019

▪ TCBA BULLETIN 27

It’s All Happening Around the Bar LegalLine Magic Shred

Wellness Connections Seminar

Swearing-In Ceremony

28 www.tarrantbar.org

▪ JULY/AUGUST 2019

It’s All Happening Around the Bar Advocates for Justice

MUTTS Puppy Hour

JULY/AUGUST 2019

▪ TCBA BULLETIN 29

LegalLine

L

egalLine is a valuable community service outreach program that needs your time and skills.

Volunteer attorneys offer free advice to Tarrant County residents on the 2nd and 4th Thursday, January through November (except Thanksgiving) from 6 p.m. to 8 p.m. Please consider donating two hours of your time.

If you are interested in volunteering, please contact Carolina at 817.338.4092 or email carolina@tarrantbar. org. g

Bar Bulletin â–Ş July/August 2019 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED

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

PERMIT 1807

Upcoming LegalLine Dates: July 11 & 25 August 8 & 22 September 12 & 26 October 10 & 24 November 14

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.

Classified Advertising NOTICE Classified Ads no longer appear in the Bulletin.

They can be found on our website at www.tarrantbar.org.

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