Page 1

Bulletin March 2017

unty Style A Lawyer Sketch Comedy - Tarrant Co Starring Tarrant County Attorneys 7pm Saturday, March 25, 2017

See page 3 for more details




It's the Busy Season!!

n my house we have what has become an annual ritual when our calendars get very full in the Spring and we finally announce—partly in sincere hope and partly in exhaustion but humor—that, “Things will slow down in the summer and fall.” But, by Robert G. West of course, things never do really “slow down” and just seem to get faster with each passing month and year. I am at that point now in the TCBA activity year for 2016–2017. I began my year as President last July 1, and I will turn over my gavel to current President-Elect Nick Bettinger effective at the end of the day on June 30. As of March 1 we are now two-thirds of the way through the current bar year! How can that possibly be??!! And I am still trying to “get organized” for the year. I feel certain that you can understand my position since I am sure that you must have been at the same point many times in balancing/juggling your own law practice, bar association activities, and personal life. On January 19 I was pleased to be at the retirement reception for Justice Anne Gardner following her 17 years of service on the Second Court of Appeals. The word I heard most used to describe Justice Gardner was “excellence.” She was an excellent student at UT Law School, she was an excellent clerk to United States District Judge Leo Brewster, she was an excellent practicing attorney in Fort Worth particularly on her appellate cases, she was an excellent justice of the Second Court of Appeals, and the 2,100 opinions written by her as a court of appeals justice were excellently written. She has been for many years and still is an excellent role model for women in the legal profession in Fort Worth. Justice Lee Ann Dauphinot was honored at a retirement fiesta at the Bar Building on January 24 following her 27 years of service on the Criminal District Court Number 2 and the Second Court of Appeals, which I was not able to attend. Like Justice Gardner, Justice Dauphinot leaves an outstanding reputation for professionalism and excellence from her law practice and as a long-term member of the Court of Appeals. On January 26 I was pleased to meet new Family Court Judge Patricia Bennett of the 360th District Court and

her Associate Judge Matt Riek at an investiture ceremony for Judge Riek at the Bar Building, with a large crowd at the following reception for both of these new judges. At the TCBA Membership Luncheon on February 7 we honored thirteen members of TCBA who have now been licensed as attorneys for 50 years:

Harry E. Bartel David Chappell William P. Hallman Jr. Judge John G. Hill John W. Hughes Frank R. Jelinek III Michael R. Knox

St. Clair Newbern III John W. Sweeney Jr. Alex R. Tandy Tim Truman Judge Jeff Walker Robert F. Watson

Several of these attorneys and judges are now retired, but several others are still practicing law on a daily basis. To each of these 50 year attorneys, on behalf of the TCBA, I salute you for your many years of dedicated service to your clients, to the legal profession, to your professional colleagues and staff, to your community, and to your families and friends. You each have set a high standard for how to be an ethical and professional lawyer (or judge) and an outstanding citizen, and we thank you and honor you. At the Membership Luncheon on February 7, honoring these 50 year attorneys, I announced a new program for TCBA’s “senior” attorneys (or “emeritus” attorneys, or “Silver Boots,” or “Silver Eagles,” or whatever group name is eventually chosen for this program). I had first mentioned this planned program when I took office back in July, but the luncheon honoring 50 year attorneys seemed the most suitable place to move this program forward. The first gathering event will be held on Monday evening, March 27, at 5:00 pm to 7:00ish pm at the Bar Building, and will be cost-free to attendees. This program initially will be a “roundup” or “reunion” of senior attorneys in TCBA (even if you no longer are an active dues-paying member) to visit with each other in an informal environment; to discuss how good the practice of law used to be (and hopefully still is) in Tarrant County; to tell stories of trials, transactions, tributes, and tribulations of being an attorney in Tarrant County; and to discuss whatever other worthy topics seem to be of interest to the group that attends. For purposes of this first gathering, I hereby announce by Executive Decree that the threshold to qualify for this group will be 55 years of age or 25 years of law practice, but that threshold may be adjusted up or down at the first gathering. This gathering will be strictly nonpartisan, ecumenical, and nonjudgmental, but you may get talked Continued on page 16

March 2017 ▪ TCBA BULLETIN 1

Tarrant County Bar Association


817.338.4092 ▪ Fax 817.335.9238 website: email:

Features 8 Snippets - 20th Anniversary 11 13 Attorneys Celebrate 50 Years 12 The IP Domain Departments 1 President's Page 4 YLA Snapshot 5 LegalLine 6 Calendar of Events 7 Texas Lawyers for Texas Veterans 10 100 Club 15 A Word from Our Sections 18 Judicial Profile 19 Tarrant County Volunteer Attorney Services 21 Membership Report 21 Benefits of Membership & Vendor List 22 Other Association's News & Information 25 Lawyers on the Move & in the News 26 Lawyer Referral & Information Service News 27 CLE Corner



Term Ends 2017

Tawana Gray Gary L. Medlin Jason C. N. Smith Term Ends 2018


Cody L. Cofer Veronica C. Law Lu Pham

2016-2017 Appointed Directors Raul A. Canez Julie A. Sladek


Advertiser's Index Alfred Santos.................................................................13 Edward Jones...................................................................7 Family Access Services................................................26 JurisFabrilis............................................................26 KoonsFuller.......................................Inside Front Cover Law Offices of Steven C. Laird, P.C............................24 LawPay..................................................................11 LexisNexis..........................................Inside Back Cover Lone Star Ag Credit.......................................................20 Moses, Palmer & Howell, L.L.P.......................................6 Parker Law Firm............................................................17 Stephens Anderson & Cummings............Back Cover Texas Lawyers' Insurance Exchange.......................22 The Collie Firm................................................................6 Tindall Square Office Complex..................................22

2 ▪ March 2017

2016-2017 Officers President...............................Robert G. West President-Elect....................Nick Bettinger Vice President...........................Lance Evans Secretary-Treasurer...................John Cayce

Tarrant County Young Lawyers Association President 2016 Fall

Susan Smith 2017 Spring

Tennessee Walker

Immediate Past President David E. Keltner

Executive Director Patricia Graham, PLS, CLAS

Ex-Officio Members State Bar of Texas, Directors Gary L. Nickelson Curtis Pritchard 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: 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission is the 20th day of the month, two months prior the date of the issue (e.g. March 20 for the May issue). Items for publication may be emailed to 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.

The Tarrant County Bar Foundation Presents

A Lawyer Sketch Comedy Show - Tarrant County Style Featuring Tarrant County Attorneys

Saturday, March 25, 2017

6:30pm - Reception

7:00pm - Show

Fort Worth Community Arts Center g 1300 Gendy Street g Fort Worth 76107

Purchase Your Tickets Today

General Public - $25; Law Students - $10 Call Trisha at 817.338.4092 or visit the website at

Sponsorships are Available. Contact 817.338.4092. Title Sponsor..................................................................$5,000 -Name recognition on all promotional items -Full page ad in the show program location of choice -40 tickets to the show with reserved seating -Special recognition in the Bar Bulletin

Producer Sponsor.........................................................$2,500 -Full page ad in the show program -20 tickets to the show with reserved seating -Special recognition in the Bar Bulletin

Director Sponsor...........................................................$1,000 -Half-page ad in the show program -8 tickets to the show with reserved seating -Special recognition in the Bar Bulletin

Actor Sponsor...................................................................$500 -Fourth-page ad in the show program -4 tickets to the show with reserved seating -Special recognition in the Bar Bulletin

Stage Hand........................................................................$250 -Special recognition in the show program -2 tickets to the show with reserved seating -Special recognition in the Bar Bulletin

April 28 - 30, 2017 Hilton Lakefront Resort Rockwall, TX

Make sure you have made your reservations by contacting the Bar Office at 817.338.4092 or visiting the website at https://tarrantbar. org/cle-events/bench-bar-conference-xxiv/.



Susan Smith, President TCYLA


s my term as President of the Tarrant County Young Lawyers Association draws to a close, I feel an immense amount of pride in TCYLA’s accomplishments over the past six months. The young lawyers in Tarrant County are more committed than ever to serving those around us. We built and stocked “clothes closets” in the Tim Curry Criminal Justice Center and Family Law Center to help litigants and witnesses dress appropriately for court. We donated $8,400 from our annual golf tournament to the Tarrant County Bar Foundation and hosted our third annual CLE to help young attorneys learn about the “business side” of starting a law practice. We also put together one hundred “necessities bags,” which each included soap, deodorant, socks, and other items, for Union Gospel Mission to hand out to their residents. TCYLA is always looking for ways to serve our members and others in our community; if you know of a need, please tell us! We would love to help. Be sure to attend our Annual Spring Fiesta on April

4 ▪ March 2017

13, 2017, at Joe T. Garcia’s. As always, it will be a fantastic party with raffle items and a silent auction. We will also recognize our 2017 Liberty Bell recipient—our very own Trisha Graham. She has done more for the various bar associations in Tarrant County than anyone will ever realize. Trisha is retiring this year after a lifetime of service, and this award is but a small “thank you” for what she has done for TCYLA. I hope you all will join me in congratulating her (and thanking her) for her decades of service. I would also like to formally recognize our new slate of officers: Tennessee Walker (President), Chris Gee (President-Elect), Kat Hopkins (Vice President), Rob Henry (Secretary), and Martin Garcia (Treasurer). TCYLA has an exciting spring and summer coming up and these officers have some great ideas about future events. And finally, thank you all for allowing me the opportunity to lead such a great organization. It was a privilege and an honor. g

Retirement Reception for

Trisha Graham April 6, 2017 5:30pm - 7:30pm TCBA Bar Center BBQ and all the trimmings Please join us as we celebrate Trisha Graham and her 25 years of service to the Tarrant County Bar Association. If you cannot make the recpetion, please feel free to stop by the Bar Office throughout the day to wish her the best.

LegalLine 817.335.1239


Quarterly Drawing

egalLine is holding a drawing for volunteering. This quarter's drawing will be a $200 Del Frisco’s gift card. Once a quarter we will be holding a drawing for various items. This drawing will be held at the end of each quarter (currently, the first quarter will end March 23rd.) Each time you participate in LegalLine, you get an entry into that quarter’s drawing. More participation equals more entries. It’s not too late to get an entry into the first quarter drawing; all you must do is come join us in answering phones on March 9th and/or 23rd from 6pm – 8pm. The winner will also receive recognition and their photo in the TCBA Bar Bulletin. If you are interested in volunteering, please contact Carolina at 817.338.4092 or g

Upcoming LegalLine Dates March 9 March 23 April 13 April 27

May 11 May 25 June 8 June 22

March 2017 ▪ TCBA BULLETIN 5

3 7 9 9 21 21 23 23 25 27 28 28 28 29 29 30 31

March 2017

Calendar of Events

Marketing Seminar 12pm, TCBA Office Environmental Law Section Luncheon 12pm, City Club Construction Law Section Luncheon 12pm, TCBA Office LegalLine 6pm, TCBA Office Tax & Estate Planning Section Luncheon 11:30am, Petroleum Club Real Estate Law Section Luncheon 12pm, City Club Court Staff Appreciation Reception & Awards 5pm, City Club LegalLine 6pm, TCBA Office Tortfeasors7 6:30pm Reception-7pm Show, FW Community Arts Center Silver Boots Reception 5pm, TCBA Office Business Litigation Section Luncheon 12pm, City Club Last Tuesday CLE 1pm, TCBA Office Solo & Small Firms Section Mixer 4:30pm, The Barrows Firm, P.C. Labor & Employment Law Section Luncheon 12pm, Petroleum Club Women's Spring Fashion Show 5:30pm, White House Black Market (downtown) Fort Worth Business & Estate Section Dinner 5pm, Petroleum Club Brown Bag Seminar Series - "Child Welfare" 12pm, Juvenile Training Center

GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake


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5 6 7 13 14 17 19 20 22 25 25 25 27 27 28

April 2017

Corporate Counsel Section Luncheon 12pm, City Club Trisha Graham Retirement Reception 5:30pm, TCBA Office 214/817 Night at the Ballpark 5pm (doors open), Globe Life Park in Arlington LegalLine 6pm, TCBA Office Good Friday Holiday TCBA Office Closed Bankruptcy Law Section Luncheon 12pm, Fort Worth Club Labor & Employment Law Section Luncheon 12pm, Petroleum Club Construction Law Section Luncheon 12pm, TCBA Office People's Law School 12:30pm-4:00pm, Texas A&M University School of Law Tax & Estate Planning Section Luncheon 11:30am, Petroleum Club Last Tuesday CLE 1pm, TCBA Office Solo & Small Firms Section Mixer 4:30pm, Anderson Law Firm Energy Law Section Luncheon 12pm, Fort Worth Club LegalLine 6pm, TCBA Office Bench Bar Conference XXIV April 28-30, Hilton Lakefront in Rockwall

Texas Lawyers for Texas Veterans

Tarrant County Chapter News from TLTV

TLTV Holds February Legal Clinic at Tarrant County College’s Trinity River Campus

Texas Lawyers for Texas Veterans – Tarrant County Chapter (TLTV) held its February clinic at Tarrant County College and provided free legal advice to over 25 veterans. Thank you to Kelly Hart & Hallman for sponsoring the legal clinic and providing volunteer attorneys!

Thanks for Taking a Case Thanks to the following volunteer attorneys for taking a veteran’s pro bono case:

Ola Campbell

(Law Office of Ola Campbell, PLLC)

John Corbin

(Law Office of John Corbin)

Atticus Gill III (Gill Law Firm)

John Johnson (Johnson Johnson)

Torrie Poehls

(Kelly Hart & Hallman LLP)

Lynn Rodriguez & Veterans Project at Texas A&M University School of Law

TLTV to Hold Remote Legal Clinic for Hood County Veterans on March 31, 2017

To learn more about the advantages of an Edward Jones IRA, call or visit today.

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For the first time, TLTV will hold a remote legal clinic for veterans in Hood County, in conjunction with Mission Granbury, Texas Law Help, and Legal Aid of NorthWest Texas. At the clinic, volunteer attorneys in Tarrant County will provide legal advice and information to veterans in Hood County via the internet and equipment provided by Texas Law Help. The legal clinic will be held at Legal Aid of NorthWest Texas on Friday, March 31, 2017 from 1 to 5 p.m. If you are interested in volunteering, please contact Megan Cooley at g

Retirement may be far off, but the April 18 deadline for IRA contributions isn’t.


Member SIPC

  

March 2017 ▪ TCBA BULLETIN 7

20th Anniversary Edition This is the 20th anniversary issue of Snippets, formerly From the Civil Side, which began in March 1997. This column represents, in the author’s opinion, the “Best of the Best” items.


Co-Editor Lin Morrisett

Civil and Criminal by Judge Bob McCoy


1. Judge Bob, I’ve been called a jackass. Is that a term of art? No, you have been referred to as a male donkey. Had you been called a “jenny,” you would have been referred to as a female donkey, and while we are on the subject, a mule is a hybrid between a horse and a donkey, usually the offspring of a male donkey and a mare. 2. Judge Bob, what is an “expert”? According to lawyer Tim Evans, addressing a Tarrant County Bar Association luncheon, “An expert is a fellow from out of town.”



1. Are fire ants wild animals? You bet they are, and you’d know that if you’d ever put your paw in a fire ant mound. Also, the Beaumont Court of Appeals says they are. See Gamble v. Peyton, No. 09-05-109CV, 2005 WL 3490107 (Beaumont Dec. 22, 2005).

2. What is your favorite case involving an animal? I have to say it’s City of Canadian v. Guthrie, 87 S.W.2d 316 (Amarillo 1931), about a oneeyed bay mare who wandered the Ramses city feasting off of people’s gardens, and it contains the timeless statement, “When Panhandle Pete’s pistol popped, she petered, for which the poundkeeper paid Pete a pair of pesos.”


1. “Politics are almost as exciting as war, and quite as dangerous. In war you can be killed only once, but in politics, many times.” —Winston Churchill 2. “A jury consists of twelve persons chosen to decide who has a better lawyer.” —Robert Frost

8 ▪ March 2017


County Criminal Court No. 3

3. (From a Time when Lawyers Had the Time to Plead Artfully) “That the said Dockery is an old and trusted employee, a man of over 60 winters, with snow in his hair, but with summer in his heart; that the faint odor of Hoyt’s perfume touched his delicate nostrils and the full red painted lips of this modern Aphrodite brought back youthful dreams to his aging head, although the season was fall time, the sap began to rise in his erotic soul as in romantic springtime of yore.” Beatty v. Missouri, No. 18338 (McLennan Co., circa 1935). 4. “That which looks like a duck, walks like a duck, and quacks like a duck, will be treated as a duck even though some would insist upon calling it a chicken.” Quave v. Progress Marine, 912 F.2d at 800 (5th Cir. 1990). 5. “To argue a police spotlight in your face from ten feet is not detention, is to say the smell of the barn from ten feet down wind is roses.” Davis v. State, 22 S.W.3d at 21 (Houston [14th Dist.] 2000). 6. “Do we answer the questions and then deliberate, or do we deliberate and then answer the questions?” Juror to the bailiff in the 48th District Court 7. “It has been said that appellate judges watch from on high the legal battle fought below, and when the dust and smoke of the battle clears, they come down out of the hills and shoot the wounded.” Black v. State, 723 S.W.2d at 677 (Tex. Crim. App. 1986).


1. “Being powerful is like being a lady. If you have to tell people you are, you aren’t.” —Margaret Thatcher 2. “Never kick a cow chip on a hot day.” —Will Rogers 3. “Too bad all the people that know how to run the county are cutting hair and driving cabs.” —George Burns 4. “If I was playing baseball today against modern pitching, I’d only be able to hit about .300.” “Why so low?” “Well,

you have to take into consideration that I’m over 70 years old.” —Ty Cobb (1960) 5. “How often have I said to you that when you have eliminated the impossible, whatever remains, however improbable, must be the truth?” —Sherlock Holmes, in Sir Arthur Doyle’s The Sign of Four, 1889 6. “Never interrupt your opponent while he’s making a mistake.” —Napoleon 7. “The cheaper the crook, the gaudier the patter.” —Humphrey Bogart, responding to Elijah Cook Jr’s threat that “they will be picking lead out of your liver.” The Maltese Falcon, 1949 8. “There comes a time in the life of a nation as in the life of an individual, when it must face great responsibility, whether it will or not. We have now reached that time . . . . Our flag is a proud flag, and it stands for liberty and civilization. Where it once floated, there must be no return to tyranny and savagery.” —Teddy Roosevelt (1898) 9. “Napoleon’s hat on the battlefield was worth fifty thousand men.” —The Duke of Wellington regarding Napoleon’s presence in Spain 10. “A hundred dollar bill looked like a lamp shade at the time to appellant who was living in a homeless shelter.” —Pro se pleading filed in the 141st District Court 11. “Xerxes has many men, but no soldiers.” —Leonidis, King of Sparta, at the Battle of Thermopylae 12. Following the assassination of Roman general Flavius Aetius by Emperor Valentinian III, a witness observed, “Know that you have cut off your right hand with your left.”


There are two types of experts. A specialist is a person who knows more and more about less and less until finally he knows everything about nothing, as opposed to a generalist, who knows less and less about more and more until finally he knows nothing about everything.

2. What Court of Appeals Does Not Sit in a County Seat?

The 6th Court of Appeals does not sit in New Boston, the county seat of Bowie County, but rather presides in Texarkana.

OLD NEWS 1. Hard Time

From 1873 until 1878 the local calaboose was located at Rusk (Commerce) and Second, and consisted of two cells and dungeon. The log structure had one barred opening for light and ventilation, had no plumbing or running water, and cost less

than $500 to construct. A standard joke in Fort Worth at the time was, “What is the difference between the moon and jail? The moon is full once a month but the jail is full every night.”

2. R.H.R.

Standing on the Commerce Street side at the former location of the Flying Saucer Restaurant and Pub, at 111 E. 4th Street, and looking up the right side of the second floor, the initials “R.H.R.” can be seen. Those letters stand for the law firm of Ross, Head & Ross, which, along with the Land Mortgage Bank of Texas and the Chamberlin Investment Company, was the first occupant of the building following its completion in 1889.

3. Origin of the Phrase “A White Horse Case”

“Around the turn of the century, a Texas law firm had a case in which a white horse owned by the client’s taxi service reared in the street, causing an elderly woman to fall and injure herself. The partner handling the case asked a young associate to find a case on point. The associate came back several hours later with a case involving an elderly lady who had fallen in the street after a taxi company’s black horse had reared in front of her. When the associate took this case to the partner, the partner said ‘Nice try, son. Now, go find me a white horse case.’’’ Hilland v. Arnold, 856 S.W.2d 240, 242 n.1 (Tex. App.— Texarkana 1993).

4. Verdicts

From 1856 to 1951, how long did you have after the verdict in a criminal case to request a new trial? Two days. Butler v. State, 6 S.W.3d 638, 638–39 (Tex. App.—Houston [1st Dist.] 1999).

5. Ordinance 92

On December 26, 1876, the city council passed Ordinance 92 which prohibited males from “riding, walking, or promenading” in public areas of the city with any “prostitute or woman of ill fame,” subject to fines ranging from 10 to 25 dollars. The legal question of who in fact was a prostitute was to be determined by “general reputation” or by “prima facie evidence.” Public outcry and the questionable legal standard led to an amendment in February of 1877, such that only “riding or driving” with such woman between the hours of 4 a.m. and 9 p.m. was prohibited.

6. The Slugger

If there is any question as to who is the greatest baseball player of all, consider that in 1920 Baby Ruth hit more home runs than fourteen of the sixteen big league TEAMS! g

20th Anniversary Edition March 2017 ▪ TCBA BULLETIN 9

Members of the 2016-2017

100 Club

Adams Lynch & Loftin P.C. Albert Neely & Kuhlmann LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, L.L.P. Bourland, Wall & Wenzel, PC Brackett & Ellis, P.C. Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell LLP Brown Pruitt Wambsganss Ferrill & Dean, P.C. Bruner & Pappas LLP Cantey Hanger LLP City Attorney's Office-City of Fort Worth Cook Children’s Health Care System Curnutt & Hafer, L.L.P. Dawson Parrish, PC Decker Jones, P.C. Dowell, Pham & Harrison, LLP Edison, McDowell & Hetherington, LLP Forshey & Prostok, L.L.P. Friedman, Suder & Cooke Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Haynes and Boone, L.L.P. Holland Johns & Penny LLP Jackson Walker, L.L.P. Jim Ross & Associates Joshua Graham & Associates, PLLC Kelly Hart & Hallman LLP

KoonsFuller, P.C. Lacy Lyster Malone & Steppick, PLLC Law, Snakard & Gambill, P.C. Lively & Associates, LLP Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, PC McDonald Sanders Law Firm Mellina & Larson, P.C. Moses, Palmer & Howell, L.L.P. Murphy Mahon Keffler Farrier, LLP Naman Howell Smith & Lee, PLLC Noteboom Law Firm Padfield & Stout, LLP Paup, Shutt & Associates, P.C. Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. Second Court of Appeals Stephens, Anderson & Cummings Suzanne I.Calvert & Associates Tarrant County CDA's Office Taylor, Olson, Adkins, Sralla & Elam, L.L.P. The Berenson Firm P.C. The Blum Firm, P.C. Thompson & Knight, LLP Underwood Law Firm Varghese Summersett, PLLC Wallach & Andrews, P.C. Watson Caraway Midkiff & Luningham L.L.P Whitaker Chalk Swindle & Schwartz PLLC Whitley Penn, LLP Wick Phillips Winstead PC The Wolf Law Firm, P.C.

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more 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 g

13 Attorneys Celebrated 50 Years of Practice


n 1966, there were 17,053 practicing attorneys in Texas. Only 858 of those were practicing in Tarrant County. Today, there are over 98,000 practicing attorneys in Texas and out of those, over 5,200 practice in Tarrant County. On February 7, fifty-one years later, thirteen of those distinguished attorneys were honored and celebrated for their fifty years of practice. Frank R. Jelinek III, was the guest speaker and presented a challenging presentation on “Who Will Fill Their Shoes.” Each attorney was recognized and received a beautiful paper weight from the Tarrant County Bar Association. Congratulations to the attorneys listed below on fifty years of dedicated service. Harry E. Bartel David Chappell William P. Hallman Jr. Judge John G. Hill John W. Hughes

Frank R. Jelinek III Michael R. Knox St. Clair Newbern III John W. Sweeney Jr. Alex R. Tandy

Tim Truman Judge Jeff Walker Robert F. Watson

"The central theme as to each attorney honored today with their longevity is that they were good at what they did, they liked what they did for a living and they believed in the rules that establish our ethics. I do not believe that any of them have been the subject of a grievance. Making money was not central to their soul, but only service to their clients." Quote from Frank R. Jelinek III, guest speaker for 50 Year Lawyers Luncheon g

The IP Domain: Creating a Shell Company May Not Prevent Personal Liability in an “Exceptional” Patent Suit, and More on “Disparaging” Trademarks


alling it the “clearest example of an exceptional case” he has seen, U.S. District Judge Rodney Gilstrap awarded Dell Inc. more than $500,000 in legal fees, costs and sanctions after a frivolous patent infringement suit from shell company Iris Connex LLC. Iris Connex, LLC v. Dell, Inc., 2:15-cv-01915, U.S. Dist. Ct. E.D. Tex. (order dated January 25, 2017) (hereinafter “Order”). And even though Iris Connex filed for bankruptcy, Judge Gilstrap ordered that the person with ultimate control over Iris Connex should be held jointly and severally liable for the fees and sanctions. The patent statute provides for an award of fees to a successful defendant in “exceptional cases,” which includes frivolous assertions. See 35 U.S.C. 285. According to the court, intellectual property lawyer Brian Yates created a shell operation in an effort to shield himself from personal liability for bringing patent infringement cases that might risk being found “exceptional,” while “being sure any resulting monetary gains would flow to him unimpeded.” Order, at 51. After acquiring U.S. Patent 6,177,950 (the “’950 patent”), Yates created Iris Connex, LLC as an empty shell with the ’950 patent as its only asset, and Iris Connex then sued Dell. Id. at 50. After the court granted Dell’s motion for summary judgment of non-infringement, Dell asked the court to find the case “exceptional” and award attorney’s fees and sanctions. The court first determined that the case was “exceptional” because no reasonable jury could have found infringement of the patent, and Iris Connex advanced an objectively unreasonable theory of claim construction. Id. at 27. It then held Yates jointly and severally liable for the fees, noting that corporate officers remain individually liable if they personally take part in the commission of a tortious act, and a parent corporation cannot circumvent liability for direct patent infringement by outsourcing performance of a step of the claim, if it directs or controls the performance of that step. Id. at 23. Based on Yates’s personal conduct and direct control of Iris Connex, the court concluded that failure to hold Yates jointly and severally liable for the fees “would make a mockery out of section 285.” Id. at 37. According to the Tom Williams is a partner in the Fort Worth office of Haynes and Boone, LLP. He may be reached at thomas. or 817.347.6625.

12 ▪ March 2017

court, each of the “twists and turns [of the case] arose from his deliberate decision to structure Iris Connex as an empty shell corporation.” Id. at 39. The court stated that Yates intentionally structured Iris Connex to “effectuate an end run around section 285” (Id. at 49), and “as a hidden shield to his own liability” in the event of a section 285 motion. Id. at 53. With the total effect of a frivolous suit, a shell company and a bankruptcy, the court concluded that "if this case is not an exceptional case, then there are none." Id.


hroughout 2016, this column followed the litigation challenging, on First Amendment grounds, the Lanham Act’s ban on registering “disparaging trademarks.” The Supreme Court is now poised to decide that issue, having heard oral argument in January in In re Tam, 808 F. 3d 1321 (Fed. Cir. 2015) (en banc), cert. granted sub nom. Lee v. Tam, 137 S. Ct. 30 (U.S. Sept. 29, 2016) (No. 15-1293). In Tam, the Federal Circuit vacated the U.S. Patent and Trademark Office’s (USPTO) denial of trademark registration for THE SLANTS, the name of an Asian-American dance-rock band. The USPTO had denied registration of the mark based on Section 2(a) of the Lanham Act, which bars disparaging marks. 15 U.S.C. § 1052 (a). The Supreme Court granted the USPTO’s Petition for Writ of Certiorari to determine “[w]hether the disparagement provision in 15 U.S.C. § 1052 (a) is facially invalid under the Free Speech Clause of the First Amendment.” While predicting the outcome of a Supreme Court case based on oral argument can be problematic, most news accounts of the argument reported that the justices seemed skeptical of the ban’s constitutionality. For example, SCOTUSblog noted that when Deputy Solicitor General Malcolm Stewart emphasized that the statute does not prohibit anyone from using a “disparaging” mark, but only from obtaining federal trademark registration for it, he “was quickly peppered by a barrage of questions from virtually all of the justices.” The respected blog also noted that some justices were concerned that the disparagement provision is too vague, with Justice Ginsburg noting that some possibly Dustin Johnson is a partner in the Fort Worth and Richardson offices of Haynes and Boone, LLP. He may be reached at dustin.johnson@haynesboone. com or 972.739.6969.

“disparaging” words had been accepted in one trademark application and rejected in another. Amy Howe, Argument analysis: justices skeptical of federal bar on disparaging trademarks, SCOTUSBLOG (Jan. 19, 2017), http://www. The Supreme Court’s decision, expected by summer, could affect several professional sports teams, including the Washington Redskins, whose federal trademark registrations were revoked by the Trademark Trial and Appeal Board in June, 2014, when the Board concluded that the football team’s marks are disparaging to Native Americans. The Redskins appealed that revocation to the Fourth Circuit Court of Appeals, where it is making First Amendment ar-

guments similar to those being advanced by the Slants. Pro Football, Inc. v. Blackhorse, 112 F. Supp. 3d 439 (E.D. Va. 2015), appeal docketed, No. 15-1874 (4th Cir. Sept. 6, 2015), petition for cert. filed (U.S. April 25, 2016) (No. 15-1311). g

The Tarrant County Bar Foundation Supports the Eldon B. Mahon Inn of Court High School Mock Trial Competition


n January 2017, the Eldon B. Mahon Inn of Court held its third high school mock trial regional competition. The Tarrant County Bar Foundation has supported the Eldon B. Mahonn Inn of Court’s mock trial competition each year through a grant that underwrites the associated costs of the event. Attorneys, law students, and judges from the Eldon B. Mahon Inn of Court participated in the mock trial as volunteers. The three preliminary rounds of the high school mock trial competition occurred on Saturday, January 21, 2017 at the Family Courts Building. Four teams advanced to the semi-final round held on Friday, January 27 at the Family Courts Building. Later that evening, teams from Covenant Classical School and L.D. Bell participated in the final round presided by Judge Brent Carr. Covenant Classical School won the competition, and both teams will proceed to the state

round held in March 2017. This year’s competition experienced a growth in the teams participating in the regional competition. Fourteen teams signed up for the competition, and twelve teams ultimately competed. High school teams included two Burleson high schools, a Birdville ISD high school, a Denton high school, and a Mansfield High School. The Eldon B. Mahon Inn of Court extends its appreciation to the many people who supported the event, including its own members, the Tarrant County Commissioners who approved access to the courthouse and use of the sheriff deputies for the entire competition, the family court judges who shared their courtrooms, and the Tarrant County Bar Association members who volunteered for the event and met with a few of the schools prior to the competition to assist their preparation. g

March 2017 ▪ TCBA BULLETIN 13

The Following Sessions Will Be Offered: • Wills & Trusts • Medicaid • Family Law • Probate & Probate Alternatives • School Law • Social Security • Adult Guardianship • Landlord / Tenant • Identity Theft Save the Date

Law Day Awards Dinner Tuesday, May 9th 6:30pm Reception 7:00pm Dinner & Awards Fort Worth Club $65 Per Person If you would like to sponsor this event, please contact Sherry Jones at 817.338.4092 or


Blood Drive May 4, 2017 8am - 4pm Tom Vandergriff Civil Courts Building

14 ▪ March 2017

Centerpiece Sponsor - $1,500 Two seats to the event Name recognition at the event Name recognition in the Bar Bulletin Table Sponsor - $1,000 Reserved table of 8 Name recognition at the event name recognition in the Bar Bulletin

. . . And Now a Word


silver boots reception

from our Sections

he Tarrant County Bar Association has eighteen sections consisting of members with similar professional interests. Each section plans and holds an average of eight meetings a year and elects its own officers. Section meetings afford opportunities for interprofessional liaison as well as specialized continuing legal education. The following sections are meeting this month: Environmental Law Tax & Estate Plannning Labor & Employment Law Solo & Small Firms Construction Law Women Attorneys Real Estate Law Fort Worth Business & Estate

monday, march 27, 2017 5:00pm - 6:30pm tcba bar center


f you are an attorney 55 years or older or have been practicing 25 years or more, please join us for a reception where we will discuss ways to give back to the legal profession and community.

For more information, or if you are interested in joining a section, please contact Sherry Jones at 817.338.4092 or g

Tarrant County Bar Foundation

The Tarrant County Bar Association is Participating in the


Monetary Donations Only Please February 1 - March 10 Saturday, April 22, 2017 Clearfork in Fort Worth 5000 Clearfork Main Street Fort Worth 76107 For more information and to register with the TCBA Team visit RacefortheCure/FTW_GreaterFortWo rthAffiliate?pg=entry&fr_id=6724


his year, we postponed the drive until after the New Year to bring awareness to the fact that the Tarrant Area Foodbank and other worthy causes in our area need our donations all year, and not just during the holiday season. Every $1 donated can provide five warm meals to those in need, so skip your $5 coffee and buy 25 meals! To make your tax deductible donation to this worthy cause, make your check payable to the Tarrant County Bar Foundation and send it to Annual Food Drive, Tarrant County Bar Foundation, 1315 Calhoun Street, Fort Worth 76102. MONETARY DONATIONS ONLY PLEASE. You will receive a tax letter from the Foundation, and your name will not be on any mailing lists for any charities. If you would like to know more, please contact Edwin R. Jensen II at, Lauren McDonald at, or Anne Palmer at g

March 2017 â–Ş TCBA BULLETIN 15

Globe Life Park, Arlington, TX, Hall of Fame Suite Doors Open at 5:00 p.m.

Dallas & Tarrant County Judges, Lawyers, and Families are Invited

Tickets (includes game ticket, buffet dinner): $35* *Limited time offer

Ticket pricing will be listed online at the link below After initial offering, event pricing increases to $50/ticket until reduced pricing is sold out. Once reduced pricing is sold out, the usual price of admission will apply. Organized by the Arlington Bar, Dallas Bar & Tarrant County Bar Associations Register online at

Thank You to our Sponsors:

Dallas County Judges Planning to Attend: Hon. Tena Callahan Hon. Rob Cañas Hon. Tina Yoo Clinton Hon. Dominique Collins Hon. Danielle Diaz Hon. King Fifer Hon. Bonnie Goldstein Hon. Carl Ginsberg Hon. Martin Hoffman

Hon. Margaret JonesJohnson Hon. Jim Jordan Hon. Nancy Kennedy Hon. Gracie Lewis Hon. Lincoln Monroe Hon. Regina Moore Hon. John Peyton Hon. Monica Purdy

Hon. Jeff Rosenfield Hon. Doug Skemp Hon. Craig Smith Hon. Ken Tapscott Hon. Drew Ten Eyck Hon. Dale Tillery Hon. Don Turner Hon. Ingrid Warren Hon. Staci Williams

Tarrant County Judges Planning to Attend: Hon. Wade Birdwell Hon. Robb Catalano Hon. Jamie Cummings Hon. Lindsay DeVos Hon. David Evans Hon. George Gallagher Hon. David Hagerman

Hon. Diane Haddock Hon. William Harris Hon. Cherami Jenkins Hon. Molly Jones Hon. Steven King Hon. James Mumford Hon. Jesus Nevarez, Jr.

Hon. Steve Owen Hon. Jennifer Rymel Hon. R.H. Wallace Hon. Carey Walker Hon. Judith Wells

President's Page continued from page 1 you are not there, so come to protect yourself! This will be an attempt to keep our senior attorneys actively connected with each other and with TCBA, which may lead to other opportunities for fellowship, or to mentor younger attorneys, or to serve as volunteers in TCBA’s many educational and service programs. At the first meeting on March 27, we will discuss plans for future events, so please bring your ideas to share in the development of this program. The Executive Director Search Committee, chaired by TCBA President-Elect Nick Bettinger, held its first meeting recently to review application letters and resumes that had been received and to schedule the next steps to be taken by the Search Committee toward the goal of recommending to the TCBA Board the hiring of a new Executive Director by late March or early April. A reception to honor retiring Executive Director Trisha Graham has now been scheduled

16 ▪ March 2017

for Thursday evening, April 6, at the Bar Building. More details of that event will be coming soon from Celebration Chairman Janna Clarke. Bench Bar Conference will be held April 28–30, at the Hilton Lakefront Hotel in Rockwell, only 45 minutes from the Bar Building. Full details were in the Bar Bulletin issued in early February, and you will get a follow-up email announcement soon. Please make your reservation soon! If I have not yet visited with you at one of our TCBA events, please find me at the next event to chat. I would welcome your ideas for how to continue to improve the TCBA to better serve your needs, the legal profession, and our Tarrant County communities. g

Bob West


by Perry J. Cockerell

Judge R. H. Wallace Jr.


here is no way that a 1,000 word judicial profile can give proper acknowledgement to District Judge R.H. Wallace Jr. for his service and dedication to the legal profession, to the Texas judiciary and to this country. Readers will be astonished by his life-long accomplishments that can only be touched on briefly without full justice in this profile. Born and raised in Port Neches, Texas, Judge Wallace graduated in 1962 as the co-valedictorian of Port Neches-Groves High School. After graduation he was off to the United States Naval Academy in Annapolis, Maryland, after being nominated by Texas Congressman Jack Brooks. Reuben Houston Wallace, Jr. impressed his friends and colleagues at the Naval Academy during his four years where he was known for his excellence, studious habits and his easygoing personality. The write up in his Naval Academy yearbook says it all: “It was not an uncommon sight to see him bent over the books in the wee hours of the morning. He loved history and had an uncommon curiosity concerning the nature of our race. Wally’s easygoing personality made him immediately popular with his classmates. He was a diplomat of the first degree. He could get a great deal done, and make it remarkably painless for those doing it. His only foe at Navy was the pool in MacDonough Hall. Wally’s tremendous success at the Academy is readily attributable to his perceptive mind and ability to work hard. His success in later life will be largely due to his excellent personality and attitude. To know him is to like him immensely.” Judge Wallace attended the Naval Academy during the era of one of its greatest quarterbacks. “It was a most memorable time, as I was one year behind Roger Staubach. I was very fortunate.” Ensign Wallace’s first tour after graduation was aboard the USS Carpenter (DD-825), a Gearing-class destroyer, where he served as the Combat Information Center Officer from 1966 to 1968. During his tour the USS Carpenter served as screen operations for carriers on its way to Vietnam. Once in theater the destroyer engaged in shore bombardment while the U.S. Air Force conducted air strikes on North Vietnam. In 1968 he was sent to a school for the Department Heads at Newport, Rhode Island. After completion, he was

18 ▪ March 2017

assigned as the Engineering Officer to the U.S.S. Forest Sherman (DD 931) the first destroyer of her class. “It was the first destroyer built with a 1,200 psi boiler operating system, replacing the older, but very reliable, 600 psi systems that had been around since WW II. He recalls that “every problem known to man” occurred with the new 1,200 psi system. “Being an engineering officer was a tough job.” Judge Wallace left the Navy in 1971 when his tour ended to pursue a career in law. He considered dentistry but found law more fitting. “Taking organic chemistry made a lawyer out of me,” he said. The Judge was accepted to University of Texas and Baylor University law schools but chose Baylor University because “after Angus McSwain spent 20 minutes with me, I decided I would go there.” He enrolled at Baylor in the summer of 1971 and graduated in August 1973. He recalls fondly “Mad Dog Dawson” as his Practice Trial professor at Baylor. His first job after law school was in Washington, D.C. with the Appellate Section, of the Criminal Division, of the Department of Justice, where he handled appeals involving Organized Crime Strike Forces all over the country. He also prepared drafts of Supreme Court briefs for the Solicitor General and argued cases in the 1st, 3rd, 4th, 5th, 6th and 9th Circuit Courts of Appeal. In 1976 he left Department of Justice and moved to Fort Worth to join the United States Attorney’s Office, Northern District of Texas under then United States Attorney Mike Carnes. During an eight year tour he handled over 25 felony jury trials. His most notable case was in 1984 when he prosecuted the chairman of the board of a local bank for violation of currency transaction reporting requirements in order to facilitate drug purchases by a friend. One partner with Shannon, Gracey, Ratliff, & Miller thought he was so effective in the courtroom that he was invited to join the firm, and he left the United States Attorney’s Office in 1984. “Being an AUSA was a great experience. I learned to try cases there, with all the federal resources that were available. It was an all-around great service and rewarding experience.” At Shannon, Gracey he worked with Kleber Miller, the firm’s most distinguished trial attorney. “I was very fortunate. Kleber Miller was my major influence and mentor. I had the good fortune of working with him and handling cases with him until I had a plateful of my own.” Judge Wallace served as Shannon, Gracey’s Managing Partner for approximately 10 years.

Judge Wallace has been named as one of The Best Lawyers in America. He was inducted as a Fellow of the American College of Trial Lawyers in 2002, and is the only Texas state district judge to be a member of that organization. “Induction into the ACTL is my single most proud accomplishment.” In December, 2010 Governor Rick Perry appointed Wallace to the 96th District Court to succeed Judge Jeff Walker. “Until then I never thought of being a judge. But, things fell into place, and I am very thankful that they did.”

Now in his sixth year on the bench Judge Wallace must retire in 2020 when his term ends. “I’ve enjoyed being on the bench. It’s a great way for a trial lawyer to finish up a career. What I admire most is a lawyer who is prepared. Not everyone may be the best lawyer but they can be prepared. I can tell quickly if they are unprepared and are wasting the jury’s time. I always try to be patient, but a lawyer who is not prepared and is wasting the jury’s time will test my patience.” Wallace and his wife Jena of 30 years have four children and seven grandchildren. g

Tarrant County Volunteer Attorney Services TVAS & Legal Aid of NorthWest Texas Engage in Outreach at Presbyterian Night Shelter’s Morris Foundation Women and Children’s Center

On February 8, 2017, representatives from Legal Aid of NorthWest Texas (LANWT) met with residents of Presbyterian Night Shelter’s Morris Foundation Women and Children’s Center to educate them on legal resources in connection with divorce, custody, and protective orders. The presentation was part of Tarrant County Volunteer Attorney Services and LANWT’s outreach efforts with local community organizations in an effort to educate low income and indigent individuals about available legal resources. TVAS held the event in honor of KoonsFuller, a Guardian of Justice Sponsor at the Tarrant County Bar Foundation’s 2016 Advocates for Justice Luncheon. TVAS needs attorney volunteers who would be willing to speak at similar events in 2017. In particular, TVAS needs attorneys who are experienced in family law and criminal law to speak to residents at community organizations about common legal issues and available legal resources. If you are interested, please contact Megan Cooley at megan@ for more information.

TVAS to Hold Legal Clinics in March at Local Community Organizations and Volunteers Needed

Tarrant County Volunteer Attorney Services (TVAS) is holding two free legal clinics in March for clients of local community organizations. Attorney volunteers are needed to

provide general legal advice and information to the clients on areas including criminal law, family law, landlord/tenant, consumer and bankruptcy, probate, and immigration. Please email Megan Cooley at if you are interested in volunteering at either legal clinic. • Thursday, March 2, 2017 at 5:30 p.m. - Legal Clinic at Union Gospel Mission of Tarrant County • Tuesday, March 21, 2017 at 5:30 p.m. - Legal Clinic at Northside Inter-Community Agency (“NICA”)

Save the Date for TVAS’s Uncontested Family Law Clinic with Legal Aid of NorthWest Texas

TVAS will hold an uncontested divorce clinic with Legal Aid of NorthWest Texas on Tuesday, April 25, 2017 at 5:30 p.m.. Attorney volunteers are needed to take a case and assist a low income individual with an uncontested divorce. Please contact Megan Cooley at if you would like to volunteer. g

Tarrant County Volunteer Attorney Services


March 2017 ▪ TCBA BULLETIN 19

Membership Report


CBA has many benefits to membership, such as 18 Substantive Law Sections; reduced rates on CLE (Brown Bags, Luncheons, Section meetings, & Last Tuesday CLE); reduced rates on room rental at the TCBA Bar Center; monthly Bar Bulletin (by email or for an additional $20 you can receive it by mail) as well as updates on upcoming events by email; Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas VeteransTarrant County Chapter, Tarrant Volunteer Attorney Services; as well as through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others; reduced rates on advertising in the Bar Bulletin and on the TCBA website; mentoring program for young lawyers; and reduced rates on office supplies, UPS, shredding documents and the Fort Worth Zoo. If you have any questions regarding your membership, please contact Sandy at the bar office or e-mail her at g


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 VeteransTarrant 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, 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 g

Welcome to Our New Members Attorneys Todd Allen Creig Anderson Jason Carter Ryan Dadgari Kimberly Grubb Kurt Hurley Andrea Johnson Ronald Dean Pack, Jr. Siang Lian Sang Frank Sellers


Students Jeffrey Shearer Mark Thorne Thomsen Associates Todd Allen Arden Brands Garrett Mulkey Sean P. Weaver Keith Wiley



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 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 or 817.338.4092. If mailing or charging tickets, add 50 cents. Texas Rangers Baseball discount tickets are available by going to, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at 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 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

March 2017 ▪ TCBA BULLETIN 21

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 505 Pecan Street, Suite 101 ■ Fort Worth, Texas 76102

TLIEmployees Because of our remarkable staff, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas five years in a row by Texas Lawyer magazine. Those same noteworthy employees and over 37 years in the business are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $46,300,000 to our policyholders. See why our employees make the difference. 512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG

Jason Syesta, Director of Member Services

Other Associations’

News & Information

Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ruth Lane. For location & information, email arlingtonbarassociation@yahoo. com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit 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 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 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 Albert Roberts by email at mr.albert.roberts@ 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 Fred Howey at 817.835.0555 or Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Brad Shaw at 817.237.1254 or 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 Norma Bazán, 817.735.4000 or Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Lara Aman at 817.390.6040 or Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mark Anderson at 817.294.1900. Tarrant County Young Lawyers Association The 2016-2017 new TCYLA Year began September 1, 2016. If you need an application or meeting information, call 817.338.4092, email, or go to the website at


22 ▪ March 2017

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.



Brown Bag Seminar Series

March 31, 2017

Join us for CLE credit at the 323rd District Court Training Room, Juvenile Detention Center 2701 Kimbo Road, Fort Worth 76111 Moderator: Karmen Johnson, Attorney at Law 11:30 p.m.

Check In


I Wish I Had Known Then What I Know Now Judge Jesse Nevarez, Presiding Judge, 231st District Court

12:30 p.m.

Objections and Evidence Jackie Martin, DFPS Regional Attorney


How the Mexican Consulate Can Help Your Clients Frank Adler, Attorney at Law Robert Herrera, Attorney at Law Juan Carlos, Attorney at Law

2:00 p.m.


2:15 p.m.

Criminal Implications for Your CPS Clients David Alex, Court Chief, Criminal District Court 3, T.C. Criminal District Attorney’s Office

2:45 pm.

Our Community, Our Kids Kris Naylor, COO, Foster Care Redesign in Tarrant County Our Community Our Kids

3:15 p.m.

What FOCUS Can Do for Your Clients Tommy Jordan, Director, New Day Services

3:45 p.m.

Navigating DFPS Cindy Williams, Managing Attorney, DFPS, T.C. Criminal District Attorney’s Office

4:15 pm


4 hours of CLE credit requested (This program will be recorded for showing throughout the year) ----------------------------------------------------------------------------------------------------------Brown Bag Registration: March 31, 2017

_____ $70 TCBA Member _____ $95 non‐TCBA Member _____ $35 TCBA Member Staff

_____ Brown Bag Season Pass Holder

_____ $12 for a boxed lunch

Add $5 if registering after March 28 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 ___________________

March 2017 ▪ TCBA BULLETIN 23

Steve Laird

Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason

It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2016) - Thomson Reuters

Now located at the Historic Oxsheer House

l aw

O ffi ces

o f

S t e v e n C . L a i r d, P. C . 817.531.3000


Secure Attorney Access 2017 Improvements


ffective February 1, 2017, the pricing structure for the web based Secure Attorney Access program has been modified to the following fee schedule and terms*: • One (1) individual access account for a flat rate fee of $100 per subscriber for twelve (12) months • Subscription renewal shall be on the start date of initial service • Initial one-time setup fee of $50 for new subscribers *Note: Attorneys with existing access will be provided an extension to the expiration date of their current subscription. In 2016, The County Clerk’s Office initiated an effort to satisfy demand from the community of civil attorneys to acquire a web based self-service tool to provide convenient access to case information. Expected benefits with this tool included remote 24/7 access with an ability to review and print case information. Being responsive to the requests of our customers, the

County Clerk’s Office reached out to the vendor to implement group roles based on the firm level that would allow attorneys to share access to case information. Unfortunately, the vendor is unable to accommodate this request at this time. Therefore, the County Clerk’s Office has adjusted and reduced the fee structure for the benefit of all subscribers to ensure that the community has a cost effective option that provides value to their organizations. The County Clerk’s Office appreciates the opportunity to serve this community and will continue to identify service improvements in a fiscally responsible manner. For additional information, to sign up for new service, or renew existing service, please visit: Or you can contact them by email at, or 817-884-1765 from 8:00 am to 5:00 pm. g

Lawyers on the Move & David Bakutis, Dyann McCully, Kory Nelson, and Beth Hampton have joined The Blum Firm, P.C. in Fort Worth. Prior to joining The Blum Firm, Bakutis and McCully were Shareholders with Bakutis, McCully & Sawyer, P.C. Bakutis focuses his practice on will contests and trust litigation. McCully’s practice focuses on guardianship and mediation matters. Hampton was also previously at Bakutis, McCully, and Sawyer, P.C. Her practice focuses on guardianship, probate, trust administration, and estate planning. Nelson managed his own practice prior to joining The Blum Firm. His practice focuses on probate and guardianship litigation matters. Bakutis, McCully, Nelson, and Hampton can be reached at The Blum Firm, 777 Main Street, Suite 700, Fort Worth, Texas 76102, 817.334.0066.

in the News; Vianei Braun – vbraun@deckerjones. com; Eamonn Wiles –; Anthony Cuesta – Lori R. Thomas has joined the law firm of Brackett & Ellis, 100 Main Street, Fort Worth 76102. Lori's practice consists primarily of Insurance and Litigation. She can be reached at 817.338.1700 or by email at Mark F. Maples has joined the law firm of Brackett & Ellis, 100 Main Street, Fort Worth, TX 76102. Mr. Maples’ practice consists primarily in the area of Estate Planning and Probate. Mark can be reached at 817.338.1700 or by email at Stephen Clark, Law Offices of Steven Clark, has moved his office to a new location. The new address is 9500 Ray White Road, Suite 200, Fort Worth, TX 76244-9105. He can be reached by phone at 214.643.6150.

Tawanna Cesare, Laura Hallmon and David Speed have been elected Equity Partners at Cantey Hanger LLP. Cesare has extensive experience in family law and commercial litigation. Hallmon focuses her practice on labor and employment law. Speed represents clients in medical malpractice and construction law defense. The firm can be reached at 817.877.2800.

Mike Wurtz has started his own firm, Wurtz Law Firm, PLLC located at 2225 East Randol Mill Road Suite 312, Arlington TX 76011-6306. He can be contacted at 817.809.4490 or be email at

Cynthia L. Hill, previously with Shannon Gracey, Vianei L. Braun, previously with Shannon Gracey, Eamonn J. Wiles, previously with Shannon Gracey and Anthony R. Cuesta, previously with Brackett & Ellis, are now attorneys with Decker Jones P.C. Decker Jones is located at 801 Cherry Street, Suite 2000, Fort Worth, Texas 76102. They can be reached by email at the following: Cynthia Hill – chill@

Broude, Smith & Jennings, P.C., is pleased to announce the addition of shareholder William T. Fitzgerald, associate Robert J. Fitzgerald, and of counsel attorney Preston J. Dugas, III. Effective March 1, the firm’s name has changed to Broude, Smith, Jennings, McGlinchey & Fitzgerald, P.C., 309 West Seventh Street, Suite 1100, Fort Worth, Texas 76102. g

March 2017 ▪ TCBA BULLETIN 25

Family Access Services is now providing Supervised Visitation Supervised Visitation Services and Services and Monitored Exchanges in Tarrant County and Surrounding areas. Our goal,Exchanges as a neutral third-party, is Monitored “Helping Families Maintain a Healthy & Safe Interaction.”

"Helping Families Maintain a Healthy & Safe Interaction"

Lawyer Referral & Information Service

News I

f you or another attorney that you know are interested in joining our Referral Service, please send an e-mail to either or We are still looking for more attorneys in all categories for the fields of: Administrative Law Insurance Law Intellectual Property Medical Malpractice Securities/Commodities Social Security Veterans Issues Workers Compensation

Family Access Services Phone: 512-387-1932

As always, thank you to the LRIS staff Sandy Tilley, Carolina Ibarra and Brittany Gilbert, for all of their hard work and dedication to making this department run as smoothly as it does! g

Court Staff Appreciation Reception & Awards Thursday, March 23, 2017 5:00pm - 7:00pm City Club

Come and show your appreciation to the dedicated court staff that help the legal community on a daily basis! Please contact Sherry Jones if you are interested in a sponsorship for this event. or 817.338.4092.

26 ▪ March 2017

Destination CLE

Heredia, Costa Rica


he Tarrant County Bar Association's International & Immigration Law Section traveled to Heredia, Costa Rica for a week to improve spanish legal skills all while being immersed into the Costa Rican culture. They spent time role playing in the classroom learning different ways of interpreting English legal terms into Spanish. g

March 2017 â–Ş TCBA BULLETIN 27

Tarrant County Young Lawyers Association 21st Annual

Spring Fiesta 2017 April 13, 2017


Invitation to purchase tickets coming soon

Joe T. Garcia’s


he 21st annual Spring Fiesta will celebrate a successful year of service to the community and raising funds to support TCYLA’s future service projects, CLE opportunities, and social events. Spring Fiesta is the prmary fundraising event for the year and is a way of saying “Thank You!” to the members of Tarrant County Young Lawyers Association for volunteering for service projects year round. TCYLA lawyers are heavily involved in giving back to the community at large through toy drives, clothing for the indigent project, necessity bag project, volunteering at the Ronald McDonald House and Cook Children’s Hospital, and providing pro bono legal services for those in need. Yet service is just one aspect of TCYLA’s mission in Tarrant County. TCYLA also promotes the professional and personal development of its members by hosting family picnics, charity sporting events, golf tournaments, law school professionalism and mentorship programs, and educational seminars throughout the year. These social and professional events are designed to foster camaraderie among members and establish the type of professional connections that make Tarrant County the best place to practice law in Texas. We are asking for your donation. By becoming a sponsor of Spring Fiesta, you are supporting the professional and personal development of Tarrant County’s young lawyers. If you would like to sponsor this event, please contact Lindsay Daniel at g

Diamond - $1,000+

Will receive 12 tickets to Spring Fiesta and the option to have firm logo featured in the July, 2017 TCBA Bar Bulletin magazine sponsor recognition.

Platinum - $750

Will receive 10 tickets to Spring Fiesta

Gold - $500

Will receive 6 tickets to Spring Fiesta

Silver - $250

Will receive 4 tickets to Spring Fiesta

Bronze - $100

Will receive 2 tickets to Spring Fiesta Additional benefits to being a Sponsor: •Recognition at Spring Fiesta. •Recognition on all Spring Fiesta invitations circulated to members of the judiciary, several hundred Tarrant County young lawyers; and Past-Presidents of the TCYLA. •Your firm will be named in the TCYLA’s e-newsletter, with a circulation of hundreds of Tarrant County area young lawyers. •Your firm will be listed on a large poster at the event.

32 â–Ş September 2016

Bar Bulletin ▪ March 2017 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED


If any of your contact information is incorrect, please submit the corrected information to Sandy at the TCBA of�ice at 817.338.4092, fax to 817.335.9238 or email to


Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter




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