Tarrant County Bar Association Bar Bulletin (May/June 2018)

Bulletin May/June 2018

Featured Articles

Live to Give Annual Blood Drive - page 6 Tortfeasors8 - page 11 Swearing-In Ceremony - page 17 Bench Bar Conference XXV - page 28

President’s Page

T

empus fugit. As the Bar year comes to an end, so does my tenure as TCBA President. I am proud to have led such a diverse group of professionals who have a passion for helping others. I hope you have taken advantage of the education, events and serby Nick Bettinger vice opportunities offered throughout the year, such as Docket Call, Texas Lawyers for Texas Veterans, Brown Bag, LegalLine, the Charity Golf Tournament, Bench Bar, LRIS, Transition to Practice, the Holiday Party, National Adoption Day, the Blood Drive, and our monthly luncheons.

My sincere thanks to those of you who didn’t blink an eye when asked to give your time and energy to the projects of our organization.

First of all, thanks to our fantastic Executive Director, Megan Cooley. She had big shoes to fill when Trisha Graham retired. Megan, thank you for your energy, your thoughtfulness, and your tireless efforts to support and improve our organization.

Megan is supported by a great TCBA staff. Sherry Jones, in her 21 years with the Bar, deftly organizes many of our events. Carolina Ibarra enthusiastically leads the LRIS and LegalLine teams, assisted by Brittany Gilbert. Lauren McKnight brings new energy to increasing our membership numbers and works with several committees on projects to benefit our bar and community. Our Communications Director, Elizabeth Banda, has creatively improved this Bulletin and our electronic communications. Melissa Sircar took over this year as Pro Bono Programs Director and brings tremendous experience to assist with our service efforts. Rae Gutierrez, as Accounting Assistant, helps keep the Bar fiscally healthy by assisting with the management of its finances and records. Anne Palmer keeps everything organized as the Office Manager and is the friendly face and voice our members see and hear when they contact the Bar. Thanks to all of you and keep up the good work.

A successful organization requires good leadership.

Many thanks to our Board of Directors, Lance Evans (President-Elect), John Cayce (Vice President), Gary Medlin (Secretary/Treasurer), Bob West (Immediate Past President), Cody Cofer, Veronica Law, Lu Pham, Susan Hutchison, Ja-

Go the Distance son Smith, Tennessee Walker, Joe Regan and Lori Spearman.

I have appreciated your collective insight and candor this past year.

The 8th Edition of the Elder Law Handbook exists thanks to the dedicated committee of Nathan Winkler (Chair), Brandy Austin, Brook Bell, Andrea Casanova, William Catterton, Danielle Dulaney, Stacy Fay, Katherine Gardner, Karen Johnson, Bonny Link, Thomas Mastin, Taylor McPherson, Elaine Ryan, Cary Schroeder, Karen Schroeder, Emma Stewart, Will Trevino, and Laurie Weir.

Sherry Armstrong, you and your Brown Bag Committee gave us another excellent assortment of legal topics and speakers. Brown Bag is one of the best local CLE programs in the state.

Our local veterans are getting quality (and free) legal advice thanks in part to Melissa Wilks, the chair of our TLTV committee.

Scott Phillips, your hard work with the LegalLine has not gone unnoticed. The many hours you donated to make this program run smoothly will end up helping countless people in our community.

Finally, Joseph Horn, thank you for taking attorney wellness to the next level by spearheading the Wellness Retreat in March.

I believe that the best benefits TCBA can provide to its members are the tools to improve their physical and mental well-being. In addition to the two Wellness events at the Bar office, I have, in my monthly articles, shared with you some wellness suggestions that I honestly believe can improve your practice and your life. My hope is that you will take some of this information and make a true lifestyle change. In that vein, I will leave you with some suggestions on how to be successful in implementing a wellness initiative.

Be realistic. Change doesn’t happen overnight. Choose a goal (or two) that you can honestly see yourself attaining.

Be specific. Dates. Amounts. Distances. Pounds.

Make specific goals. Write them down. Put a checkbox next to each one.

Break it down. If your goal is to run a 10k, set target dates for escalating distances. Do you want to lose 20 pounds? Set your target at losing 1-2 pounds per week.

Buddy up. Ask a friend or co-worker to join you on your journey. Encourage each other. Establish a little competition. I can almost guarantee that your likelihood of achieving your goal will increase when you involve a buddy.

CONTINUED ON PAGE 20 MAY/JUNE 2018 TCBA BULLETIN 1

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Contents

Features 6 Live to Give Annual Blood Drive

11 Tortfeasors 28 Bench Bar Conference XXV

Tarrant County Bar Association

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Departments 1 President's Page 3 100 Club 4 YLA Snapshot 5 Calendar of Events 7 Tarrant County Volunteer Attorney Services 7 Texas Lawyers for Texas Veterans 9 Lawyer Referral & Information Service News 14 CLE Corner 15 Lawyers on the Move & in the News 15 Membership Report 17 A Word From Our Sections 18 Judicial Profile - Judge Melody Wilkinson 20 Other Associations' News & Information 21 LegalLine 22 Snippets 24 It's All Happening Around the Bar

Advertiser's Index

Society of Trial Consultants ...................6 American Dispute Resolution Services..................................9 Dorsett, Johnson & Swift......................................17 Juris Fabrilis........................................................26 Kelly Hart & Hallman LLP ..................................26 KoonsFuller.................................Inside Front Cover Law Offices of Jason Smith..................................10 Law Offices of Steven C. Laird, P.C.......................16 LawPay...............................................................10 Parker Law Firm....................................................8 Stephens Anderson & Cummings...........Back Cover Texas Lawyers' Insurance Exchange.....................14 Tindall Square Office Complex...............................9 The Collie Firm....................................................17 2 www.tarrantbar.org

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817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2017-2018 Officers

President................................Nick Bettinger President-Elect..........................Lance Evans Vice President.............................John Cayce Secretary-Treasurer...............Gary L. Medlin

Directors Term Ends 2019

24

Director..............................Susan Hutchison Director............................Jason C. N. Smith Director............................Tennessee Walker

Term Ends 2018

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

2017-2018 Appointed Directors

Appointed Director.......................Joe Regan Appointed Director................Lori Spearman

Tarrant County Young Lawyers Association Spring 2018 President.....Katherine Hopkins Fall 2018 President.....................Rob Henry

Immediate Past President......Robert G. West Executive Director.................Megan Cooley Ex-Officio Members State Bar of Texas Director............................Gary L. Nickelson Director...............................Curtis Pritchard Bar Bulletin Editor...................................John F. Murphy Assistant Editor.....................Kathleen Flacy Graphics/Production............Elizabeth Banda TheTarrant County Bar Bulletin is a 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 is the 20th day of the month, two months prior to the date of the issue (e.g., March 20 for the May issue). Items for publication may be emailed to elizabeth@tarrantbar.org in Word format.

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.

Members of the 2017-2018

100 Club

*List Reflected Below is as of April 26, 2018 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, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude, Smith, Jennings, & McGlinchey P.C. Brown, Dean, Proctor & Howell, LLP Bruner & Pappas, LLP Cantey Hanger, LLP City Attorney's Office - Fort Worth Cook Children's Health Care System Curnutt & Hafer, LLP Dawson Parrish, P.C. Decker Jones, P.C. Dowell Pham Harrison, LLP Forshey Prostok, LLP Friedman, Suder & Cooke, P.C. Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP Jim Ross Law Group, P.C. Kelly Hart & Hallman LLP KoonsFuller, P.C. Lacy Malone & Steppick, PLLC Law, Snakard & Gambill, P.C.

Linebarger Goggan Blair & Sampson, LLP Lively and Associates, PLLC Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C. Martinez Hsu, P.C. McDonald Sanders, P.C. Mellina & Larson, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman, Howell, Smith & Lee, PLLC Nelson Bumgardner, P.C. Noteboom Law Firm Padfield & Stout, LLP Parker Straus, LLP Phelps Dunbar, LLP PlainsCapital Bank Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Schneider Law Firm, P.C. Second Court of Appeals Sharen Wilson, CDA's Office Stephens, Anderson & Cummings, LLP Suzanne I. Calvert & Associates Taylor Olson Adkins Sralla & Elam, LLP The Berenson Firm The Blum Firm The Colaneri Firm, P.C. The Wolf Law Firm Thompson & Knight, LLP Underwood Law Firm, P.C. Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Wick Phillips Winstead, 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 members and attains 100% TCBA membership compliance for the 2017-2018 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/organization that qualifies in

the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups!

The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren McKnight at 817.338.4092 or email her at lauren@tarrantbar.org. g

YLA Snapshot Katherine Hopkins, President TCYLA

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pril was a big month for TCYLA with social events, community projects, and a long list of service initiatives. TCYLA’s Annual Spring Fiesta event was held on April 12 at Joe T. Garcia’s. Great music, great conversation, and excellent margaritas made for a fun-filled Thursday evening. A big thank you to all of our sponsors for their donations and to the members and judges who attended this event.

Our focus on community service had TCYLA member volunteers preparing and serving meals to residents at the Ronald McDonald House on April 14. TCYLA members also donated the majority of the Necessity Bags to Union Gospel Mission which will be distributed to individuals, providing basics for those less fortunate. These two initiatives

alone have become staples of TCYLA and have made lasting impressions on those we serve. We are thrilled to continue to participate in these outreach programs.

The end of April had TCYLA partnering with the Dallas Association of Young Lawyers and the Arlington Young Lawyers Association to host a joint event at the Ballpark in Arlington. And on April 29, TCYLA hosted its Family Tailgate Event with members and their families enjoying food, drinks, and fun while cheering on their favorite team!

As summer quickly approaches, TCYLA is busy planning a series of community service and social activities. We will keep you apprised of these events as they are finalized.

We are counting on your continued support. No small deed goes unnoticed, so thank you. n

Thank You, Sponsors Diamond Sponsors

Sharen Wilson Criminal District Attorney

Platinum Sponsor

Varghese Summersett, PLLC

Gold Sponsors

Baker Monroe, PLLC Bank of Texas Brackett & Ellis, P.C. Harris, Finley & Bogle, P.C. McDonald Sanders, P.C. 4 www.tarrantbar.org

Silver Sponsors

Bronze Sponsors

Allen & Weaver, P.C. Boyd, Powers & Williamson Bonds Ellis Eppich Schafer Jones, LLP Brender Law Firm Dowell Pham Harrison, LLP G. David Davis, Attorney at Law Parker Law Firm Decker Jones, P.C. Patterson Law Group Veritext Texas A&M University School of Law

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Calendar of Events May 2018 1 TCBA/Fort Worth Chapter of Association of Legal Administrators Joint Luncheon 11:45 am - 1 pm, City Club 3 TVAS Family Law CLE 3:00 pm - 5:00 pm, TCBA Office (Free) 8 Law Day Awards & Dinner 6:30 pm, Fort Worth Club 9 Women Attorneys Section Spring Fashion Show 5:30 pm, White House Black Market 10 LegalLine 6:00 pm - 8:00 pm, TCBA Office 14 Newly Licensed Attorneys Swearing-In Ceremony 3:30 pm - 5:00 pm, Second Court of Appeals 16 Live to Give Blood Drive 8:00 am - 4:00 pm, Tom Vandergriff Civil Courts Building 16 Solo & Small Firms Mixer 5:00 pm, Joe T. Garcia's

June 2018 1 Ruth Bader Ginsburg Documentary Screening 4 pm, Modern Art Museum of Fort Worth 4 Magic Shred Event 4:00 pm - 6:00 pm, TCBA Lot (Free) 7 Docket Call Social 5:00 pm, Location TBD 14 Energy Law Section Luncheon 12 pm, Petroleum Club 14 LegalLine 6:00 pm - 8:00 pm, TCBA Office 18 Bankruptcy Law Section Luncheon 12 pm, Fort Worth Club 19 Labor & Employment Law Section Luncheon 12 pm, Petroleum Club 20 Lunch for Summer Clerks 12 pm, City Club

17 Construction Law Section Luncheon 12 pm, TCBA Office

26 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics

17 Real Estate & Business Litigation Sections Joint Mixer 5:30 pm, Flying Saucer

28 LegalLine 6:00 pm - 8:00 pm, TCBA Office

18 Brown Bag Seminar - Pre-Trial/Motions 12 pm, TCBA Office 22 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club 22 TVAS Uncontested Divorce Clinic & Social Hour 5:00 pm, TCBA Office 24 LegalLine 6:00 pm - 8:00 pm, TCBA Office 28 Memorial Day Holiday Office Closed 29 Last Tuesday CLE 1:00 pm - 4:00 pm, TCBA Office 3 hours CLE in Ethics

Save the Date Newly Licensed Attorney

Swearing-In Ceremony May 14, 2018

May 16, 2018 Free CLE at 10 AM and 2 PM .5 Ethics requested for each session

MAY/JUNE 2018

â–ª TCBA BULLETIN 5

Wednesday, May 16, 2018, 8 AM - 4 PM | Tom Vandergriff Civil Courts Building The Committee has already secured some great prizes to be given to selected participants, including: •

A Sundance Square date night for 2 including dinner at Waters Restaurant, movie tickets & dessert donated

by Kelly Hart & Hallman LLP

•

1 hour massage from Massage Envy donated by Judge Don Cosby

•

2 wine baskets donated by Lori A. Spearman and Antonio Allen 2 sets of Texas Rangers tickets & parking passes donated by Lacy Malone Steppick Ryder & Meneffe, PLLC and David Garza

• • •

Starbucks gift card donated by Judge Don Cosby AMC gift card donated by Jessica Sangsvang Dinner for 4 at Prince Lebanese Grill donated by Dauphinot Law Firm N2 Vino wine basket donated by N2 Vino Rodan + Fields Basket donated by Lisa Arnesen

• • •

TCU baseball game tickets donated by Jennifer Sweeny Gift card donated by Dowell Pham Harrison, LLP

• •

Thank you to Uno's Pizzeria for providing lunch!

To make an appointment, visit: https://ww2.greatpartners.org/donor/schedules/drive_schedule/93590

6 www.tarrantbar.org

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Tarrant County Volunteer Attorney Services

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n April 2018, Tarrant County Volunteer Services (TVAS) in partnership with four other organizations held a Wills & Estates clinic at The Gatehouse in Grapevine. This is the third Wills & Estates Clinic held at Grapevine—each

sponsored by Kelly Hart & Hallman. The clinic is part of a 3-step process for residents at Gatehouse to receive a will and end-of-life planning documents. Step 1 is an informational meeting where residents are presented with information about end of life planning documents and are walked through the application process. Step 2 is a meeting with the attorney either in person on or the phone to verify information and clarify specific legal points. Step 3 is the signing ceremony where the resident receives her will and end of life planning documents.

At the clinic in April, in addition to the signing ceremony and attorney consultations, 32 volunteers and 20 residents

were provided with dinner by Kelly Hart & Hallman, which was served by mothers and daughters involved in National Charity League (NCL). Each participating resident was provided with inspiration bags and books for their children. The clinic was staffed by Kelly Hart’s amazing team of pro bono attorneys, and the dedicated paralegal volunteers from the Fort Worth Paralegal Association made sure the evening operated smoothly and that residents received final documents

in a professional and timely manner. Through the clinic, 20 residents received legal assistance, 7 received completed wills and end-of-life planning documents, and another 13 were provided with general advice that will hopefully lead to them completing their own wills and end-of-life planning documents at the clinic planned for September. g Melissa Sircar Pro Bono Programs Director

Texas Lawyers for Texas Veterans Tarrant County Chapter

Upcoming TLTV Clinics Friday, May 18, 2018 First Baptist Church of Arlington, Wade Building 301 S. Center St., Arlington, TX 76010

Friday, July 20, 2018 Friday, June 15, 2018 Tarrant County Bar Association, Texas Wesleyan University, 1315 Calhoun St., Fort Worth, TX 76102 Lou's Place 1112 Wesleyan St, Fort Worth, TX 76105

If you are interested in volunteering for a TLTV clinic, please contact Melissa Sircar at melissa@tarrantbar.org or 817.338.4092. g

MAY/JUNE 2018

▪ TCBA BULLETIN 7

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Written by Perry Cockerell

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ortfeasors8 continued its fine tradition of performing a well-executed two-hour show following the seven-year trend established by former director Rik Sehgal, who retired last year. It was quite a feat for Chris Troutt to follow in Rik’s footsteps with his first directorial role. Troutt told the crowd that “this is the eighth time that rank amateurs got together to put on a show to make you laugh. It seems like we spent ten months, eleven months polishing it.” Then, he dropped his voice and confessed: “I see your innocent trusting faces. I can’t lie to you anymore; we slapped this show together two days ago.”

Of course, they didn’t. Troutt said afterwards that the cast and crew “worked really hard and put in hundreds of hours over the last nine months, writing, rehearsing, and enjoying each other’s company. These are great people. We hope everyone comes back next year.”

Tortfeasors8 differed from the past performances with longer skits, longer speaking parts, videos from past Tortfeasors shows, and more musical numbers.

It was well-rehearsed, tight, and flawlessly executed.

It lived up to its “Tortfeasor” billing, lampooning everything from sexism, misogyny, and alcoholism to sexual harassment and racism—all in a spirit of lighthearted fun.

Returning to the show after sitting out a year was Antonio Allen, who had a much larger acting and lead

singing role in two of the four musical numbers.

Perennial and original cast member John Corbin said after the show, “We could’ve been behind the eight ball, but we scored.”

Ronnie Hall, the music director for the first seven Tortfeasors, said, “They did a great job without me, which I find utterly shocking—and you can quote me on that.”

In the opening skit, Voir Dire Straits, Kimmy Stoner played the judge of the 499th Criminal District Court swearing in the entire audience as a jury pool while selected actors pretended to be disqualified. Prosecuting attorney Cynthia Gustafson asked questions while disruptive Juror 37, Antonio Allen, known as “John ‘Hang ‘em High’ Newman,” told the judge that he changed his name especially for this trial, questioned the ethnicity of the defendant, said that he had the swine flu, and claimed that his left arm had just fallen off. Judge Stoner ejected him without compensating him for his parking fee. Prosecutor Gustafson asked the pool if anyone had trouble trusting the police. Defendant David Frisby raised his hand.

Dire Straits transitioned into the first of four musical numbers, with the cast singing about “The Courtroom Life” to the tune of The Lion Sleeps Tonight.

In The Lawyer Whisperer, David Frisby counseled Cynthia Gustafson and her difficult client, John Corbin, on how to behave—generally and during a deposition.

MAY/JUNE 11 April2018 2017 TCBA TCBA BULLETIN BULLETIN 23

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Gustafson punished Corbin with a psychological Taser and rewarded him with M&Ms—to the chagrin of opposing counsel Scott Mosley, who could tell that something was amiss. Mosley persisted doggedly in his deposition questions but met resistance in the form of a series of cringe-worthy dog puns.

Sexist and clueless male Judge John Corbin, in Got Some Mansplaining to Do, could not understand anything said by the senior female attorney Kimmy Stoner representing the plaintiff, but understood the explanation from her junior male associate, Marshall Jacobini, who made the identical argument. Likewise, he could not understand female defense counsel Claire Brown (the only law student in the cast) and relied on the plaintiff’s counsel junior male associate to explain the defendant’s side of the case. Later, the same junior male associate attempted to take over a client meeting and “whitesplain” to Antonio Allen his own background and history “growing up as an African-American male in this country.” Having heard enough, his female boss ends the skit by justifiably firing Marshall while he withers under Antonio’s glare.

Dickens in a Box was a throwback time-traveling skit involving senior partner Brad Dowell as a male sexist partner who sexually harasses his female subordinate coworker. When he tries to give Claire Brown her Secret Santa gift (stuffed into a box on his lap), he is “box blocked” by Kimmy Stoner, a member of the firm’s HR department. He complains that no one understands him anymore and he longs for the days in the past when his conduct was acceptable. He is visited first by Adam Arrington, the Ghost of Sexual Harassment Past, who takes him back to a wicked time when men sexually harassed women with impunity; but Brad’s character sees this as a chance to party rather as an opportunity to learn a lesson. His is then visited by Scott Mosley, the Ghost of Sexual Harassment Future, who shows him a glorious future where sexual harassment has been eliminated because there are no more genders; everyone wears featureless red or blue outfits, they are all named “Chris,” and they have all learned to communicate their feelings and to move past their differences. Mosley assures him, “At some point, even racism will be eliminated because they will all evolve to be purple.” This is too much for Dowell, who steals the time-travel clock and returns to 1978, where he belongs.

You Can’t Make This Up included live versions of real-life deposition snippets compiled by the late Judge Jerry Buchmeyer. “Wake up the judge,” said Mosley, one lawyer. “You wake him up; it is your objection,” said the other lawyer, played by John Corbin.

The first act ended with a skit of TCBA sung to the tune of YMCA by the Faux-Village People, featuring 12 www.tarrantbar.org

▪ MAY/JUNE 2018

Antonio Allen taking the lead with David Frisby, Chris Troutt, Brad Dowell, Scott Mosley, and Marshall Jacobini trying their best to dance in sync.

Brad Dowell played a zombie lawyer in the skit Lawyer Z and could argue his case, cross examine the witness, and make objections and closing arguments speaking only one word—“brains”—which was perfectly understood by Judge Dana Manry but not plaintiff’s counsel Jacobini, who had not taken his “CLE for the Living Dead.” Zombie Dowell successfully defended his case before falling (presumably dead) on the counsel table.

In Life Irritates Art, three people were sent to court-ordered art therapy for their misbehavior. There they were asked to complete art projects to explain their life experiences. Adam Arrington played a lawyer who, after his hearsay objection was overruled, had set opposing counsel on fire “so the judge could see what a real dying declaration looked like.” His art project was painting a fiery school bus crash—his biggest and best case. Kimmy Stoner, a produce manager who was overly-enamored with produce, painted, sculpted, and professed her undying love for kumquats. Scott played a coach sent to art therapy for his obsession with dodgeball, his favorite physical education game: “I love the smell of blood-splatter in the morning.”

A TLAPP Story began with Antonio Allen counseling John Corbin for substance abuse and ordering him to attend meetings with TLAP—the Texas Lawyers Assistance Program. Corbin mistakenly attends a meeting of TLAPP—Texas Lawyers Advocating Party Planning—and announced to everyone’s awkward surprise that he is an alcoholic. Later, after Dana Manry, the chair of the meeting, removes the second P from the TLAPP sign, Corbin discovers that TLAPP and TLAP, not surprisingly, have the same members.

The show featured two “Blast from the Past” videos. First up was Attorneys for the Reform of Tort Reform from Tortfeasors1 in 2011, which featured testimonials from lawyers adversely affected by the advent of legislative tort reform. These former lawyers, now a hairdresser, a barista and a hobo, implored the audience to reform tort reform. The second video was I’ll Do Anything, a video from Tortfeasors3 in 2013 featuring potential clients Brad Dowell and Shannon Pritchard meeting with John Corbin, who wants to charge them $1,500 to prepare their wills. The clients think the price is too high, but Corbin assures them that “I’ll do anything” to secure their business. Little did he know that would include picking up their dry cleaning, unclogging their toilet, and posing nude for the client’s art class.

Courtroom Face was a rendition of the Lady Gaga song Poker Face, performed by Dana Manry, support-

ed up by dancers Brad Dowell and Scott Mosley and a bevy of beautiful of back-up singers.

Divorce O Matic 3000 introduced a coin pay machine that will produce a divorce petition, file it, and email it to the opposing spouse. When Scott Mosley tried to pay for his divorce, the machine (voiced by Cynthia Gustafson) talked back, misinterpreted the conversation, and charged $2,500 for the process, plus a $100 convenience fee. When it confirmed that there were no children born of the marriage, the Divorce-OMatic 3000 robotically thanked him for not procreating. When he refused to pay and left dejected, the machine adapted by insisting on seeing the money from the next customer, Antonio Allen. “Do you have the money?” it asked.

In The Practice of Law, Jacobini was a graduate of Trump University School of Law who had just passed the bar exam and was sworn in by Judge Mufasen, played by Antonio Allen. The skit was the finale and consisted of the entire cast, all dressed in jungle animal costumes—including (inexplicably) one panda chewing on a bamboo stalk—paying homage to Jacobini as a newly-sworn-in Tarrant County lawyer, all while singing the song The Practice of Law to the tune of The Circle of Life from The Lion King.

The reviews were many and effusive.

“For the eighth consecutive year, Tortfeasors delivered an entertaining evening. Somehow these very talented Tarrant County lawyers always come up with new ways to portray the lighter side of the law practice. The final skit with the Lion King swearing-in ceremony had the audience rolling in the aisles,” said TCBA president Nick Bettinger.

John Drzich, a friend of cast member Shannon Pritchard, said, “The Tortfeasors always come up with new material. I love the Zombie. All the skits were good.”

“They hit it out of the park,” said Kevin Clark. “I like that there were more musical numbers. They absolutely did an excellent job.”

“I think we did an awesome job; hopefully we can keep this going,” said David Frisby.

“It’s our joy to do this every year with people I’ve never met before. We had a good time,” said Cynthia Gustafson.

“I hope this continues. We had such a great experience, with great friends, and we had a lot of fun,” said Dana Manry.

John Corbin said it all when he said that he plans to be in Tortfeasors “as long as the show exists and I’m alive.” So join John Corbin (assuming he’s still alive) and the rest of the cast and crew for Tortfeasors9, coming in Spring 2019. g MAY/JUNE 2018

▪ TCBA BULLETIN 13

Many legal malpractice insurers have come and gone in Texas over the last four decades.

TLIE has been here since 1979.

OVER 38 YEARS SUPPORTING TEXAS LAWYERS

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MAGIC SHRED EVENT MONDAY, JUNE 4, 2018 | 4:00 PM - 6:00 PM TCBA OFFICE

CLE

Corner

Sherry Jones Associate Executive Director

T

he last Brown Bag Seminar for the bar year is the May 18 seminar on Pre-Trial/Motions.

I hope these seminars are helpful to you in your practices. The Brown Bag Committee is always looking for new topics and presenters for the seven seminars each year. If you have a topic in mind or you are interested in presenting something, please let me know so I can pass that on to the committee.

Most of you are still completing the attendance cards and leaving them with me to send to the State Bar. If you attend a seminar during your birth month and need to have your attendance reported promptly, it may be better for you to report your attendance online rather than leaving the attendance card with me. Mail delay could cause your attendance to not be reported in a timely manner, causing the State Bar to impose a penalty. If you don’t know how to enter your attendance online, I can provide assistance. Always feel free to call me. Enjoy your summer! g

Free for Members

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Whitley Penn for sponsoring May's Free Legal Advice Clinic For Veterans.

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â–Ş MAY/JUNE 2018

Lawyers on the Move & Jay B. Newton has been promoted from an Associate Attorney to Shareholder at the law firm of Bourland, Wall & Wenzel, P.C. His practice focuses primarily on litigation, including business, real estate, fiduciary, and probate matters. Mr. Newton can be reached at 301 Commerce Street Suite 1500 Fort Worth, TX 76102, 817.877.1088.

Graig Fancher has been promoted from Senior Litigation Attorney to Shareholder at the law firm of Bourland, Wall & Wenzel, P.C. His practice primarily focuses on business and civil litigation but also encompasses employment law and general counsel services for businesses. Mr. Fancher can be reached at 301 Commerce Street Suite 1500 Fort Worth, TX 76102, 817.877.1088.

Larry M. Thompson has retired from the Tarrant County Criminal District Attorney's Office and accepted the position of General Counsel with Acclaim Physicians Group, Inc.

S

in the News

Heather L. King, of KoonsFuller in Southlake, was honored with the Standing Ovation Award by the TexasBarCLE for her exceptional contribution in 2017 to the State Bar of Texas' continuing legal education efforts.

Christopher S. Greer, previously with Kelly Hart & Hallman, is now a partner in Litchfield Cavo, 420 Throckmorton St., Ste. 200, Fort Worth 76102.

Robert J. Fitzgerald, previously with Broude, Smith, Jennings, McGlinchey & Fitzgerald, P.C. has opened the Law Office of Robert James Fitzgerald, P.C., 6300 Ridglea Place, Suite 912, Fort Worth 76116. He can be contacted at robert@wtflaw.com or by phone at 817.806.4501. 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 at elizabeth@tarrantbar.org.

Membership Report

ummer is just around the corner! It’s hard to believe that we are almost half-way through 2018. We hope that you have taken the time to plug in at the bar this year.

We hosted technology-focused events in January, celebrated our members at the 50 Year Lawyer Luncheon and Women in the Law Luncheon in February, and celebrated the Tarrant County Court Staff members that help our legal community run efficiently in March.

The People’s Law School Committee hosted the 14th annual event on April 7. This event gave community members the opportunity to hear the basics of common legal issues. Attendees were able to select three classes to attend out of the nine offered topics. A special thank you to Karen Schroeder, Kim Naylor, Judge Ralph Swearingin, Jr., Kathy Roux, Karon Rowden, Scott Phillips, Louis Stefanos, Ruth Lane, and Martin Garcia for taking the time out of their Saturday to teach one of the nine offered classes. An additional thank you to Karen Schroeder and the People’s Law School committee for their time in planning the event and helping things run smoothly the day of the event.

The Transition to Practice committee held its final CLE luncheon, “What Every Lawyer Should Know”. Attendees were able to hear presentations on ethical decision-making, ADR preparation and discovery while enjoying a free lunch sponsored by Thomsen Reuters. Thank you to Dean Aric Short, Kim Naylor, Christian Dennie and Judge Wallach for speaking at the event. A special thank you to Scott Lindsey and the Transition to Practice committee for all of their hard work this year.

Finally, the 25th annual Bench Bar Conference was held in Horseshoe Bay. Participants were able to network, secure CLE and spend time enjoying the beauty of the Hill Country.

We hope all attendees had a great time and we hope to see even more of our membership at the event next year! Don’t miss out on this unique opportunity to network with your peers and Tarrant County Judiciary.

We have some exciting opportunities to give back in May. The Second Swearing-In Ceremony for newly licensed attorneys will be held on Monday, May 14 from 3:305:00PM at the Second Court of Appeals. All Justices from the Second Court of Appeals will participate and administer the lawyer’s oath. This event is open to all individuals who passed the February Texas bar exam and successfully completed all other necessary requirements. This is a great opportunity for bar passers who would prefer to be swornin closer to home. Also, the annual Blood Drive will be held on May 16 from 8-4PM at the Tom Vandergriff Civil Courts Building! You can sign up for your time slot now at https://ww2.greatpartners.org/donor/schedules/drive_schedule/93590. In addition to the prizes, food and awards, the committee is adding in an additional benefit for giving blood.

They will have two opportunities to attend a FREE 0.5 Hour Ethics CLE. Justice Dauphinot will present, “You Aren’t Limited to the Old Play Book” at 10AM and Jett Hanna of TLIE will present, “Avoiding Legal Malpractice Claims” at 2:00PM. Last year, we had over 100 people participate. Let’s see if we can beat that number this year! A special thank you to Jessica Sangsvang and the Blood Drive committee for all of their hard work.

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

MAY/JUNE 2018

▪ TCBA BULLETIN 15

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. . . And now a Word From Our Sections

H

ere we are at the time of year for winding up the year’s events. Remember that we will be having section elections soon, and please remember to renew your dues.

If you have an interest in chairing a section or being on the board, please let me know. I will be getting with the section chairs and working on their election processes.

Some sections are having end-of-the-bar-year mixers and events, which are always a fun way to end the year. If you can attend, please do.

You will be receiving dues renewals soon, so please be looking for your renewal email and remember to join your section(s) promptly so you don’t miss out on any of the CLE luncheons or other events. It’s been a great year! g Sherry Jones Associate Executive Director

Tarrant County Bar Association welcomes newly licensed attorneys to a

Swearing-In Ceremony Monday, May 14, 2018 3:30 PM - 5:00 PM In the Courtroom of the Second Court of Appeals Tim Curry Justice Center Ninth Floor

All Justices from the 2nd Court of Appeals will participate and administer the lawyer's oath.

The ceremony is open to all individuals who passed the February Texas bar exam and successfully completed all other necessary requirements.

Reception to immediately follow at the Second Court of Appeals.

RSVP with Lauren McKnight at lauren@tarrantbar.org MAY/JUNE 2018

▪ TCBA BULLETIN 17

JudicialProfile

by Perry Cockerell

Judge Melody Wilkinson

“

I grew up in a home where my mom and dad encouraged me to be whatever I wanted to be,” said Melody Wilkinson, Judge of the 17th District Court. Judge Wilkinson knew she would be an attorney at age five when her grandmother told her that “I was so sassy, I should be a lawyer. I never forgot that.”

She was greatly influenced by her father, who was a business agent for the Carpenter’s Union and who told her “to always do whatever you think is right and to heck with everybody else. I had a great Dad.” She took her father’s advice. One day during her first job at age 14 as a runner for Denbow & Wells law firm she delivered a package to Cantey, Hanger, Gooch, Munn & Collins, then located in the former First National Bank building, and upon entering the office she told herself, “I am going to work here someday.”

After tying for second in her graduating class from Crowley High School in 1981, Melody selected Angelo State University because they offered her twirling and academic scholarships. Besides participating in the band as a baton twirler, she participated in many campus organizations, including student government. She won a national award from her sorority as Delta Zeta’s most outstanding junior collegian. She easily made friends and enjoyed mentoring other students. “I learned leadership skills at ASU and always believed I could set goals and reach them.”

She graduated summa cum laude and was the first college graduate in her family.

In 1988 she graduated from Texas Tech University School of Law and, true to her word, she joined the Cantey, Hanger law firm and even clerked for the firm during law school. She handled commercial litigation and labor and employment matters and rose to equity partner.

Her career path has always been upwards and onwards in all endeavors. Her resume includes a rich and diverse background that crosses all legal spectrums from involvement with the Tarrant County Bar, to the Texas Young Lawyers Association, the Texas State Bar and the American Bar Association. Whatever she became involved in she embraced the group extensively through committee service, making good friends and rising to the top of the organization. Her ability to network locally, statewide, and nationally has brought her many life-long friends, honors, and achievements that define

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her life.

Her Texas State Bar activities currently include serving as this summer’s Course Director for Advanced Civil Trial in Dallas and on the Pattern Jury Charge (red book) committee. She has served on the Board of Directors and as course director and speaker at other Texas Bar CLE programs. She is a Sustaining Life Fellow of the Texas Bar Foundation and has served as Past Chair of the Fellows of the Texas Bar Foundation. She served on the Commission for Lawyer Discipline and as a Grievance Panel Committee Member for District 07A. She received state wide recognition from the State Bar of Texas for her dedication to the bar when she received a Presidential Citation and a President's Certificate of Merit.

She served nine years on the Board of Directors in the Texas Young Lawyers Association serving as Treasurer and Chair of the Board, and was elected statewide as President of the Texas Young Lawyers Association, the first president elected from Fort Worth since 1974. During her tenure, she was described as a “mixture of pride and humility,” a “West Texas girl” who took pride in leading the 20,000 young lawyers as the TYLA’s 70th president.

In 2004, she left Cantey Hanger, LLP to become the managing partner of the Fort Worth office of Cooley, Manion, Jones LLP, a Boston law firm, where she managed a wide ranging practice of products liability, toxic tort cases, professional malpractice and commercial, business and labor/employment matters. It was during that time her sorority once again recognized her nationally as the Delta Zeta “Woman of the Year.”

After Judge Davis announced his retirement, Judge Wilkinson entered a four-way primary race for the 17th District Court. After winning the primary and run-off elections in 2008, she completed her term as President of the Tarrant County Bar Association and won the general election easily in the fall. She has been re-elected twice since then and is now in her tenth year on the bench.

Last month, the Tarrant County Trial Lawyers Association recognized her as the recipient of the Charles J. Murray Outstanding Jurist Award. Judge Wilkinson currently serves as President of the Texas Association of District Judges and is on the Board of Directors for the Judicial Section. Next year, she will Chair the Juvenile Board, on which all twentyseven of our district judges sit.

In the past she served on the audit committee and Chair of the Jury Services Committee. Her father taught her it was important to always vote and to serve on a jury. “Jury duty was important and my dad was always proud to serve. My

dad would not get paid his usual wages when he served on a jury, but he never tried to get out of jury duty. He had a strong conviction that everyone should always vote and serve on a jury. I believe I am a better judge because of my background and core values and beliefs from my mom and dad.”

Judge Wilkinson always has interns in the 17th District Court during the summers and often during the school year, too. She believes in giving back to the profession and mentoring others just as she was mentored when she began spending her summers working for attorneys beginning at age 14 and all through college. “I believe our interns gain valuable experience by observing attorneys in trial and participating in hearings. I always tell them, don’t let the first trial you have ever seen be the one where you are trying the case in front of the judge and jury.”

Judge Wilkinson’s advice to lawyers appearing in the 17th District Court is to take advantage of the terrific technology in the civil courthouse. “Lawyers should be comfortable using the technology in front of a jury. Our technology makes it easier for trial attorneys to present their

evidence and get their points across to witnesses and to the jury. Jurors like not only hearing the evidence, but having it reinforced visually too.”

Judge Wilkinson is fortunate to have Nancy Bentley, who served as court coordinator for Judge Davis during his twenty years on the bench and also for Judge Murray during a portion of his twenty-four years on the bench. “Nancy is wonderful. She keeps our court running smoothly. She has pretty much seen everything, given her vast experience and dedication for all of these years to the 17th District Court.

We have the best staff supporting our Court from the clerks to the bailiff to our court reporter.”

Melody is the proud mom of three grown children— son Ned and twin daughters Elizabeth and Emily. Ned is a first lieutenant in the U.S. Army and is currently stationed at Fort Bliss in El Paso. Elizabeth is graduating this month from the McCombs School of Business and will begin working at a national bank following her graduation from the University of Texas. Daughter Emily is bound for law school at the University of Texas following her graduation in May from the University of North Carolina at Chapel Hill. g

Tarrant County Volunteer Attorney Services "TVAS"

TVAS Needs Volunteers for an

Uncontested Divorce Clinic Tarrant County Volunteer Attorney Services (TVAS) is a pro bono community ser vice program under the Tarrant County Bar Foundation.

on Tuesday, May 22, 5:00 p.m. at the TCBA Bar Center

followed by a social hour with volunteers, mentors, and local judiciary.

Contact Melissa Sircar if you are interested in volunteering 817.338.4092 or melissa@tarrantbar.org MAY/JUNE 2018

▪ TCBA BULLETIN 19

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 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.

CONTINUED FROM PAGE 1 Let technology help you. Get a wearable device. Download an app on your phone. Technology will track your progress and give you meaningful statistics. It will even remind you to get up out of your chair and walk around.

Stop the car. Ours is a demanding occupation.

At times it feels like the engine never stops running.

Unless you stop the car, though, you cannot change the tires. Try to include mindfulness and meditation as part of your wellness plan.

Ok, that’s it for me. Thank you for the opportunity to lead this great organization. I am pleased to pass the torch to my friend, Lance Evans. I know that Lance will be a fantastic leader for TCBA. Balloons of the Month May is all about flowers.

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 Zachary Ferguson by email at zfergusonlaw@ gmail.com.

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 Traci Hutton at 817.442.9352 or traci@tracihutton.com.

Happy Mother's Day and birthday to my wife, Nicole.

Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce.

For more information, contact President Dewayne Huston at 817.924.2222 or dewayne@thehustonfirm.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 Norma Bazán, 817.735.4000 or nbazan@nickfamilylaw.com.

Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Tena Fox at 817.280.0811 or tfox@leachfoxlaw.com.

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 2017-2018 new TCYLA Year began September 1, 2017. 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, McDonald Sanders at 817.336.8651 for more information.

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Congrats to my daughter, Megan, who will start TCU in the Fall.

Be Well. g

Happy Mother’s Day to my wonderful mom.

Nick

LegalLine

No Experience Necessary for LegalLine

T

Written by: Judge Michael Hrabal, County Court at Law No. 3

he TCBA LegalLine program provides a valuable service to people who would not otherwise have access to legal information. Many lawyers are hesitant to participate because they think they can only assist people with areas of the law with which they are intimately familiar. Nothing could be further from the truth.

Even if you spend the day poring over oil and gas leases or doing complex patent work you can dust off the cobwebs and help out at LegalLine. In reality most calls can be answered with common sense. The more complicated calls require answers far more simple than that required in a law school Contracts, Torts, Domestic Relations or Debtor’s Rights class. Some require the level of knowledge required for you to have passed the bar. And a small percentage may require specific information which you actually lack. But with 80% or more of the questions involving information you should already know don’t be hesitant to volunteer your time.

Surely you have friends who informally asked you for help with a legal problem. LegalLine gives people who may not be fortunate enough to have a friend who is a lawyer or people who do not travel in the same circles as lawyers to ask questions which are enormous to them but relatively routine for you.

Some callers have been sued and are overwhelmed by trying to decide what to do. Just letting them know that

they must file a written answer with the Court and should talk to a Lawyer Referral Service attorney will bring them comfort. Other callers have received notice of a default judgment against them on a credit card and are afraid they are going to have their wages garnished or their car taken away. Surely you know Texas law related to garnishment of wages. There may be a stray caller who is facing eviction and wants to know what their rights are to remain in the property even though they can’t afford to pay rent. If you passed first year Contracts you know the answer that they don’t want to hear.

Admittedly there are some more complicated questions, but the beauty of LegalLine is that there are a group of lawyers answering the phones. If you get stumped with a question on how to respond to a Writ of Sequestration you can let Carolina know it’s not in your wheelhouse. If you find yourself with a complicated QDRO question and no one is available to help you can offer the solution of a 30 minute consultation for $20 with a Lawyer Referral Service attorney.

Only one of 280 Texans is an attorney. You have been exposed to more legal education than 279 of your fellow citizens. Even if your day is filled with fighting copyright infringement, at least one Thursday night per year should be filled with sharing your basic knowledge of Texas law with others. g

Texas Lawyers for Texas Veterans Tarrant County Chapter Thank you to Kelly Hart & Hallman LLP for sponsoring June's Free Legal Advice Clinic For Veterans.

MAY/JUNE 2018

▪ TCBA BULLETIN 21

Snippets

Civil and Criminal

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

by Judge Bob McCoy g County Criminal Court No. 3

GET TO KNOW THIS JUDGE

323rd District Court Associate Judge Ellen Smith’s three favorite museums: 1. Museum of Anthropology at University of British Columbia 2. Museum of Decorative Arts in Prague 3. Crystal Bridges Museum of American Art in Bentonville, Arkansas

ASK JUDGE BOB

Judge Bob, what is an ultra vires act?

Plaintiffs have alleged an ultra vires act when they “allege, and ultimately prove, that the officer acted without legal authority or failed to perform a purely ministerial act.” Id. “A government officer with some discretion to interpret and apply a law may nonetheless act ‘without legal authority,’ and thus ultra vires, if he [or she] exceeds the bounds of [the] granted authority or if [the] acts conflict with the law itself.”

Kilgore ISD v. Axberg, 535 S.W.3d 21, 29 (Tex. App.—Texarkana 2017).

MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a

Moses

figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Nostalgia isn’t what it used to be.

THE DANES’ QUOTE OF THE MONTH Ramses

Killing the dog does not cure the bite.

—Abraham Lincoln

CRIMINAL ITEMS OF INTEREST 1. The Plain View Doctrine

Seizing contraband in plain view does not run afoul of the Fourth Amendment because the seizure of property in plain view involves no invasion of privacy and is presumptively reasonable. The plain view doctrine requires (1) that the law enforcement officers have a right to be where they were and (2) that it is immediately apparent that the items seized con-

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stitute evidence.

State v. Rodriguez, 529 S.W.3d 81 (Tex. App.—Eastland 2015).

2. Jury Trial Waiver

Once the defendant validly waives his right to a jury trial, he does not have an unfettered ability to reassert that right. The defendant who wants to withdraw his prior written waiver— and is seeking to change the status quo—has the burden to show an absence of adverse consequences from granting the withdrawal. The defendant must establish, on the record, that the defendant’s request to withdraw the jury waiver has been made sufficiently in advance of trial such that granting the request will not: (1) interfere with the orderly administration of the business of the court, (2) result in unnecessary delay or inconvenience to witnesses, or (3) prejudice the State.

Talbert v. State, 529 S.W.3d 212 (Tex. App.—Houston [14th Dist.] 2017).

3. Police-Citizen Interaction

There are three distinct types of police-citizen interactions: (1) consensual encounters that do not implicate the Fourth Amendment; (2) investigative detentions that are Fourth Amendment seizures of limited scope and duration that must be supported by a reasonable suspicion of criminal activity; and (3) arrests, the most intrusive of Fourth Amendment seizures, that are reasonable only if supported by probable cause.

Clement v. State, 530 S.W.3d 154 (Tex. App.—Eastland 2015).

4. Entrapment

Entrapment is a defense to prosecution if (1) the defendant engaged in the conduct charged (2) because he was induced to do so by a law enforcement agent (3) who used persuasion or other means and (4) those means were likely to cause persons to commit the offense. A defendant has the initial burden to produce evidence that raises the defense of entrapment, but when he does, the burden of persuasion shifts to the State to disprove the defense beyond a reasonable doubt.

Bien v. State, 530 S.W.3d 177 (Tex. App.—Eastland 2016).

5. Warrantless Search

Under the Fourth Amendment, a warrantless search is “per se unreasonable subject only to a few specifically established and well-delineated exceptions.” One of those exceptions is a search under exigent circumstances. Under the exigent circumstances exception, a warrantless search of a person is reasonable when (1) an officer has probable cause and (2) an exigency exists that requires an immediate search.

Deleon v. State, 530 S.W.3d 207 (Tex. App.—Eastland 2017).

6. Corpus Delicti

The corpus delicti rule is one of evidentiary sufficiency

and affects cases in which there is an extrajudicial confession.

When the burden of proof is “beyond a reasonable doubt,” a defendant’s extrajudicial confession does not constitute legally sufficient evidence of guilt absent independent evidence of the corpus delicti. The corpus delicti of any crime simply consists of the fact that the crime was committed by someone. The policy reason for the corpus delicti rule is to provide essential protection for defendants who confess to imaginary crimes because of mental infirmity or for other reasons.

Dansby v. State, 530 S.W.3d 213 (Tex. App.—Tyler 2017).

7. Error Preservation

To preserve error, a party must make a complaint to the trial court by a timely request, objection, or motion that states the grounds for the desired ruling with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds are apparent from the context. The objecting party must let the trial court know what he wants, why he thinks he is entitled to it, and he must do so clearly enough for the judge to understand him at a time when the judge is in the proper position to do something about it. The record also must show that the trial court ruled on the request, objection, or motion either expressly or implicitly, or that the trial court refused to rule on the request, objection, or motion and the complaining party objected to the refusal.

Doremus v. State, 530 S.W.3d 277 (Tex. App.—Houston [14th Dist.] 2017).

CIVIL ITEMS OF INTEREST 1. Severance

The controlling reasons for a severance are to do justice, to avoid prejudice, and to further convenience.

Pierce v. Blalack, 535 S.W.3d 35, 43 (Tex. App.—Texarkana 2017).

2. Decretal Language

An order that fails to include any decretal language will not result in a final judgment since it adjudicates nothing. … “Decretal” means the granting or denying of the remedy sought.

The factual recitations or reasons preceding the decretal portion of a judgment form no part of the judgment itself.

Redwine v. Peckinpaugh, 535 S.W.3d 44,48 (Tex. App.—Tyler 2017).

3. Whistleblower claim

The elements of a whistleblower claim are “(1) that the plaintiff was a public employee, (2) that the defendant was a state agency or local government, (3) that the plaintiff reported in good faith a violation of law (4) to an appropriate law enforcement agency, and (5) that the plaintiff’s report was the but-for cause of the defendant’s suspending, firing, or otherwise discriminating against the plaintiff at the time the defendant took that action.”

Office of the Atty. Gen. v. Rodriguez, 535 S.W.3d 54, 71 (Tex. App.—El Paso 2017).

4. Back Pay and Front Pay

A wrongfully discharged employee may be entitled to both back-pay and front-pay damages. “Back pay” is defined as those lost wages and benefits that accrue from the date of a wrongful termination through trial. Front pay is defined

as lost compensation from trial forward until a reasonable retirement age.

Office of the Atty. Gen. v. Rodriguez, 535 S.W.3d 54, 83 (Tex. App.—El Paso 2017).

5. Attorney-Client Relationship

While an attorney-client relationship is usually created through an express contract, “[t]he relationship can be implied from the parties’ conduct indicating the intent to enter into such a relationship.” … “[A]n attorney-client relationship may arise by implication if the lawyer knows a person reasonably expects him to provide legal services but does nothing to correct that misapprehension.”

Border Demolition & Evntl. v. Pineda, 535 S.W.3d 140, 153 (Tex. App.—El Paso 2017).

6. Legal Malpractice

“A plaintiff is not limited to suing an attorney only for professional negligence” when other claims are applicable. If a plaintiff’s complaint is more appropriately classified as another claim, such as “fraud, of contract, then the client can assert a claim other than negligence.” When a client truly has only one claim for relief sounding in legal malpractice, however, he is prohibited from dividing or fracturing that claim into other related claims.

Border Demolition & Evntl. v. Pineda, 535 S.W.3d 140, 159 (Tex. App.—El Paso 2017).

7. Health care liability claim

A health care liability claim has three elements: (1) the defendant is a health care provider of physician; (2) the claimant’s cause of action is for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, health care, or safety or professional or administrative services directly related to health care; and (3) the defendant’s act or omission complained of must proximately cause the claimant’s injury.

T.C. v. Kayass, 535 S.W.3d 169, 172 (Tex. App.—Fort Worth 2017).

QUOTE OF THE MONTH

And do as adversaries do in law, Strive mightily, but eat and drink as friends.

—William Shakespeare, The Taming of the Shrew

OLD NEWS

The Legend of Old Rip On February 28, 1928, in the West Texas town of Eastland, word spreads quickly that demolition of the old courthouse is about to begin and that a time capsule in its cornerstone is to be opened. In 1897, when the courthouse was built, the capsule was filled with various artifacts—along with a live horned toad—and sealed tight. About 3,000 curious townsfolk gather for the unsealing, and oilman Eugene Day reaches into the receptacle and lifts out the dusty old horned toad. The lizard twitches to life, so the story goes, and the legend of Old Rip is born. Rip, named for Rip Van Winkle, will become a local celebrity, tour the country, and die of pneumonia in 1929. g

MAY/JUNE 2018

▪ TCBA BULLETIN 23

It's All Happening Around the Bar Wills and Estate Clinic at the Gatehouse

Transition to Practice

People's Law School

TCYLA Spring Fiesta

24 www.tarrantbar.org

â–ª MAY/JUNE 2018

It's All Happening Around the Bar Justice Birdwell Investiture

Court Staff Reception and Awards

Monica Guzman | Court Reporter 352nd District Court

Dell Morgan | Court Coordinator Criminal District Court #4

Carmen Norwood-Sims Court Coordinator | IV-D Court #2

Tyler Crowley | Courtroom Deputy U.S. District Court

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2018 COURT STAFF APPRECIATION

Thank You to Our Sponsors Kelly Hart & Hallman LLP Kirkman Law Firm, PLLC The Medlin Law Firm Patterson Law Firm Griffith, Jay & Michel, LLP - Ross Griffith, Thomas Michel, James V. Jay IV, Kelly E. DeBerry, Mark Petrocchi, Bill Bowers, and Richard Bourland Naman, Howell, Smith & Lee, PLLC Thompson & Knight, LLP Watson, Caraway, Midkiff & Lunningham, LLP Bourland, Wall & Wenzel Fort Worth Paralegal Association Haynes and Boone, LLP The Family Law Firm of Donna J. Smiedt Harbinger eDiscovery Roland Johnson Lisa Lumley Law Judge RH Wallace Jr. The Weaver Firm, P.C.

26 www.tarrantbar.org

â–ª MAY/JUNE 2018

TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag

Pre-Trial/Motions

Seminar Series

May 18, 2018 Join us for CLE credit at Tarrant County Bar Association Office, 1315 Calhoun Street, Fort Worth Moderator: Angel Williams, Tarrant County CDA’s Office

12:00 pm

Check In

12:30 pm

Criminal Law Pre-Trial Practice, Discovery/Michael Morton Act and Pre-Trial Motions Retired Judge Bob Gill

1:15 pm

Summary Judgment Practice in Civil District Court Judge RH Wallace

2:00 pm

Break

2:15 pm

Motion Practice in Family Law Cases Judge Bill Harris

3:00 pm

Civil Pre-Trial Matters - Discovery, Responses, Depositions, Deadline Calendar Retired Judge Dana Womack

3:45 pm

Adjourn 3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)

--------------------------------------------------------------------------Brown Bag Registration: May 18, 2018 _____ $70 TCBA Member

_____ $95 non-TCBA Member

_____ Brown Bag Season Pass Holder

_____ $35 TCBA Member Staff

_____ $12 for a boxed lunch

Add $5 if registering after May 16 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 ___________________

MAY/JUNE 2018

▪ TCBA BULLETIN 27

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â–ª MAY/JUNE 2018

Thank You to Our Speakers Nick Bettinger, McDonald Sanders PC John Lively, Jr., Lively & Associates, PLLC

Justice Mark Pittman, Second Court of Appeals

Ryan Scharar, Scharar Law Firm, PC

Ben Barlow, Eggleston King, LLP

Charla Moore, Moore Family Law Firm

Kathi Hogan, Kathryn Hogan, Special Education

Lance Evans, Evans, Daniel, Moore,

Antonio Allen, Dowell, Pham &

Evans & Biggs

Harrison, LLP

Cynthia Gustafson, Tarrant County

Susan Hutchison, Hutchison & Stoy, PLLC

CDA's Office

Caroline Harrison, Dowell, Pham &

Morris Denton, CEO of Compassionate Cultivation

Harrison, LLP

Rhonda Hunter, Dallas County DA's Office

Paul Youngblood, Youngblood Law, PLLC

Justice Elizabeth Kerr, Second Court

Mike Schneider, Schneider Law Firm

of Appeals

Judge Josh Burgess, 352nd District Court

Justice Sue Walker, Second Court

Judge Bill Harris, 233rd District Court

of Appeals

Steve Laird, Law Offices of Steven C. Laird, PC

Thank You to Our Vendors

Thank You to Our Golf Hole Sponsors

Harbinger eDiscovery La Hacienda Treatment Center Morrison Investigations Smart Start ValueScope

Edwards Law, PLLC LexisNexis Newell Family Law, PLLC Thomson Reuters Wilson, White & Doby, LLP MAY/JUNE 2018

â–ª TCBA BULLETIN 29

PRESORTED Bar Bulletin â–ª May/June 2018 STANDARD Tarrant County Bar Association U. S. POSTAGE PAID 1315 Calhoun Street FORT WORTH, TX Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED PERMIT 1807

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 lauren@tarrantbar.org.

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